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OKKICIAI- ]>f)NATION. / 



LAWS 



BBLATING TO 



INLAND FISHERIES 



MASSACHUSETTS. 



1623-1886. 



[COLLATED AND PUBLISHED BY THE SECRETARY OF THE COMMON'- 

WEALTH UNDER AUTHORITY OF CHAPTER 48 OP THE 

RESOLVES OF THE YEAR 1886.] 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 
18 Post Office Square. 

1887. 



^ 






0. ot 0. 






INLAND FISHERIES, 

1623-1886. 



• A 

COLLECTION OF THE LAWS OF MASSACHUSETTS 



RELATING TO 



INLAND FISHERIES, 

1623—1886. 



PLYMOUTH COLONY FISH LAWS. 

1623. 

(Page 30.) Article 8. That fowling, fishing and hunting be 
free to all the inhabitants of this government: provided, that all 
orders from time to time made bj' this General Court for the due 
regulating of fishing and fowling be observed in place or places 
wherein spe(!ial interest and propriet}^ is justly claimed b\' the court 
or any particular person. 

1633. 

(Page 34.) It is enacted by the Court, That fishing, fowling and 
hunting bee free : provided, if any damage comes to any particulare 
by the prosecution of such exercise, restitutions bee made or the case 
actionable. But if any man desire to improve a place and stocke it 
with fish of an}- kind for his private use, it shalbee lawful! for the 
court to make any such graunt and for bid all others to make useof it. 
[Re-enacted in 1636 and 1658.] 

1637.— October. 

(Page 57.) Of Fish. — It is enacted by the Court, That six score 
and twelve fishes shall be accounted to the hnndred of all sorts of 
fishes. 

[Re-enacted in 1658.] 

1670. 

(Page 161.) Whereas the providence of God hath made Cape 
Cod comodious for us for fishing with saines ; and some careles 



4 LAWS RELATING TO 

psons have anoyecl the same by casting theire ballast neare the 
shore where such conveniency is ; or by leaveing the garbidge of fish 
or dead fish to lye there roting, whereby such anoyace is : 

This Court doth therefore order. That whosoever shall treaspas in 
any of the said kinds of anno^^ance shall pay the sume of forty shil- 
lings to the CoUonie's use for every such default unto the pson that 
the county doth appoint to looke after the same ; alsoe, this court 
doth further order, that whosoever of our inhabitants that draw mack- 
erell on shore there, shall pay to the CoUonie's use sixpence p. bar- 
rell for every barrell soe taken or the quantity that may amount to a 
barrell ; and for every barrell or the quantitie thereof soe taken by 
any forraigners in the aforesaid place shalbe pa3'ed one shilling and 
sixpence to the CoUonie's use by the pson or psons that soe fish 
there ; and at the begining of an}' voj'age attempted there, the pson 
or persons soe doing shall att the enterance an the V03'age put in suf- 
ficient cecuritie unto the pson appointed b}' the court under this trust 
for tlie payment of the aforesaid sume or sumes. (Continued on 
page 162.) 

(Page 162.) Whereas wee have formerl}' seen great inconvenience 
of taking mackerell att unseasonable times, whereby there encrease 
is greatl}' deminished, and that it hath bine proposed to the court of 
the Massachusetts that some course might be taken for preventing 
the same, and that they have lately drawne up an order that hence- 
forth noe mackerell shalbee caught, except for spending while fresh, 
before the first of July annually, on penaltie of the losse of the same, 
the one halfe to the informer and the other halfe to the use of the 
Collonie ; and this order to take place from the 20th of this instant 
June. 

1682. 

(Page 197.) The law prohibited the catching of fish before they 
have spaumed is to be revived by the Comissioners att theire next 
session. 

(Page 283.) For the better improving of fishing for mackrel at 
the Cape with saynes or nets ; that the fish be not wholly destroyed 
or driven off the shoar, wi-th constant beating and shooting at them 
with their nets and sajmes : 

It is ordered by this Court, &c., That none shall set, shoot or hall 
sayne on shore with mackrel at the Cape before the fifteenth day of 
October j^earlj^ nor after the twentieth da}' of November, on penalty 
of forfeiting for any mackrel so taken, without the compass of this 
time, eight shillings a barrel to the Colonie's use. 

And that so good a commodity be not spoiled nor impaired by 
gripple persons that only minde their present benefit ; but that it may 



INLAND FISHERIES. 5 

be kept sweet and well preserved for a market, and so kept a com- 
modity : 

It is further ordered^ That all such mackrel taken by saynes or nets 
at the Cape shall be there salted up in good sufficient cask, and not 
in lumber, neither on shoar nor on board of any boat, barque or 
other vessel, on penalty of forfeiting to the Colonie's use the one- 
half of what is so salted in lumber and not in tight casks. 

And forasmuch as the lands where such benefit is made hy fishing 
with saynes or nets hath been purchased by the Colon}' and are truely 
theirs : 

It is also ordered^ That no stranger, or such as are no inhabitants 
of this government, shall make use of our lands or shoar for sa3'ning 
or hailing of fish, but such as this court give license to, on penalty of 
forfeiting all the fish of any kinde so taken by any without leave. 

And all strangers that shall be allowed there to fish as abovesaid, 
whether taken in as partners with any of ours or otherwise, shall pay 
unto our water bail}', or such as the court shall appoint to receive it, 
for the use of this Colon}-, two shillings for every barrel or quantity 
of a barrel of mackrel there caught in such away ; and such of our 
own inhabitants as do so fish there, shall pay one shilling a barrel ; 
and all such payments, whether by our own or strangers, shall be 
made in money to the said baily, or who is appointed. 

And that peace and good order may be kept by all that fish there, 
and that the Colony may not be defrauded of their due by any : 

It is further ordered^ That the master of any vessel that shall come 
there to fish, or some known person of their company, shall presently 
upon their arrival there, before they take any fish, give under his hand 
to the baily, or his deputy, for their peaceable carriage there, and 
their due observance of the orders of the court concerning their fishing, 
who shall thereupon give them a ticket under his hand for their 
improving the season as abovesaid. 

And if any man do refuse so to do, he or they shall be discharged 
from making use of our land on shoar there, at their peril ; tind if any 
prove troublesome, or disturb their peace, sell liquor to the Indians, 
prophane the Sabbath, or be otherwise disorderly, the baily or his 
deputy is hereby impowered to carry such before the next magistrate, 
who may issue the case, send the oflfenders to prison, or take bond 
for their appearance at court, as he shall see cause, and the whole 
charge thereof be born by him or them that do so oflfend. 

And that the water baily be under oath, as other publick officers, 
as for the faithful discharge of his trust, so for his due and seasonable 
ordering, and giving an account to the treasurer, for what is the 
Colonie's upon fishing account, within one month after the said voyage 
is ended, or sooner if it may be. 



6 LAWS RELATING TO 

And for every barrel of herring at any time caught by nets on tlie 
said Cape Cod shoar, six pence per barrel be paid by any inhabitant 
that shall so take them, and twelve pence per barrel by strangers. 

And whosoever shall take any basse on the aforesaid shoar with 
nets, shall pay to the Colonie's use six pence per quintal, according 
to a former order, and to be paid also in mone}'. 

Skct. 5. And it is ordered, ttc, That if any swine, belonging 
either to English or Indians, do there annoy or trespass such as there 
fish as abovesaid in the mackerel seasons, it shall be lawful for any 
to make seizure of such swine, paying one-half of the value of such 
swine to the said baily or his deputy for the Colonie's use. * * 

ANCIENT CHARTERS. 

(Page 113, ch. 46.) Sect. 5. This court being informed that the 
taking of mackrel at unseasonable times do greatly diminish their 
increase, and will in the issue tend to the spoil of the trade thereof: 

Do order and enact, That henceforth no mackerel shall be caught^ 
except for spending whilst fresh, before the first of July annually, on 
penalty of the loss of the same, the one half to the informer, and the 
other half to the use of the country. And any magistrate or count}^ 
court is empowered to act herein, to all intents and purposes, for the 
execution of this law. 

[Repealed March 5, 1693. Page 254, sect. 7, A. Charters. Revived Massachusetts 
Perpetual Laws, page 143, ch. v., 1702.] 

(Page 148, ch. 63.) Sect. 2. Every inhabitant who is an house- 
holder shall have free fishing and fowling in any great ponds, bays, 
coves and rivers, so far as the sea ebbs and flows within the precincts 
of the town where they dwell, unless the freemen of the same town or 
the General Court have otherwise appropriated them. 

Provided, That no town shall appropriate to any particular person 
or persons, any great pond containing more than ten acres of land, 
and that no man shall come upon another's propriety' without their 
leave, otherwise than as hereafter expressed. 

The which clearl}' to determine : 

Sect. 3. It is declared that in all creeks, coves, and other places 
about and upon salt water, where the sea ebbs and flows, the pro- 
prietor, or the land adjoining, shall have propriety to the low water 
mark, where the sea doeth not ebb above a hundred rods, and not 
more wheresoever it ebbs further. 

Provided, That such proprietor shall not b}' this liberty have power 
to stop or hinder the passage of boats or other vessels, in or through 
any sea, creeks or coves, to other men's houses or lands. 

Sect. 4. And for great ponds Ijnng in common, though within the 
bounds of some town, it shall be free for an}- man to fish and fowl 



INLAND FISHERIES. 7 

there, aud may pass and repass on foot through any man's propriety 
for that end, so they trespass not upon any man's corn or meadow. 

COLONY OF PLYMOUTH. 
1684. 

(Page 205.) This Court doth therefore enact, and be it heerby 
enacted by the oMthoritie thereof That no p'rson or p'rsons whatsoever, 
after the publication heerof, shall catch or draw on shore any mack- 
erel!, with nett or netts, sayne or saines, in any p'rte of this Collonie, 
and if any p'rson or p'rsons shall heerafter presume to catch any 
mackerell by setting or shooling any nett or saye, every such p'rson 
or p'rsons soe offending as aforsaid, shall forfeitt for his or theire said 
offence all such netts or saines as shalbe soe improved, and all such 
mackerell as shalbe soe caught b}' him or them ; and shall alsoe for- 
feite every such vessell and all such vessells or boates as shalbe 
imployed therin, whether catch sloop or boate as shalbe imploj'ed in 
taking or carrying awa}^ any such fish, if att any time the p'rson or 
p'rsons soe offending be taken within the govrment, or the vallue 
thereof, the one moiety to the Collonie and the other moyety to the 
informer that shall prosecute the same. 

And for the better execution of the said law, power shall be given 
by some one or more of the magestrates by warrant to some fitt man 
to act as a water bayliff to make seasure of any such forfeitures as 
aforsaid. 

PERPETUAL LAWS. 
1702. 

(Page 143, ch. 5.) Be it enacted. That the clause above recited, 
shall be, and is hereby revived and re-enacted : and that henceforth 
no person or persons whatsoever shall presume to catch or cause to 
be caught any mackerel (except for spending whilst fresh) before the 
first of Jul}^ annually ; on penalty of forfeiting all the mackrel so 
caught contrary to the true intent and meaning of this act, and twenty 
shillings per barell over and above for each barrel of the same : the 
one half of the said forfeiture to be to her. majesty, for, and towards 
the support of this her government ; and the other half to him or them 
that shall inform and sue for the same in any of her majesty's courts 
of record within this province. 

1709. 

An Act to prevent Nuisances by Hedges, "Wears, and other incumbrances obstructing 
the passage of Fish in Rivers. 

(Page 162, ch. 3.) Be it enacted. That no wears, hedges, fish- 
garths, stakes, kiddles, or other disturbance or incumbrance shall b^ 
set, erected or made, on or across any river, to the stopping, obstruct- 



8 LAWS RELATING TO 

ing, or straitniug of the natural or usual course and passage of fish in 
their seasons, or spring of the year, without the approbation and 
allowance first had and obtained from the general sessions of the 
peace in the same county ; who are hereby- authorized and impowered, 
on application made to them at their sessions, to grant libert}" for the 
same, or to deny it, as they shall see it to bee either a public good or 
damage ; and so yearly from time to time, to be allowed or disallowed, 
as they shall direct. 

And that all wears, hedges, fish-garths, stakes, kiddles, or other 
incumbrance whatsoever, set up and made, or hereafter to be levied, 
set up or made in, on or across any river, to the straitning, obstruct- 
ing and stopping the natural, common or usual passage of fish in the 
spring or proper seasons of the year, without approbation or allow- 
ance first had and obtained for the same, in manner as in and by this 
act is directed, are declared to be a common uusance, and shall be 
demolished and pulled down, not to be again repaired or amended. 
And that on complaint made to the general sessions of the peace, or to 
any two justices of the peace, quorum unus, in their respective 
counties ; a writ shall be granted to the sheriff or constable of the town 
where the nusance is done, to cause the party or parties complained 
of to be examined ; and upon conviction to remove the same ; and to 
command suitable assistance therefor, at the cost and charge of the 
person or persons so offending. 

Provided, That nothing herein contained, shall be construed to 
extend to the pulling down or demolishing of au}' mill-dam already 
made, or that shall hereafter be lawfully and orderh' made. 

1727. 

An Act for rendering more effectual the Act intituled An Act to prevent N usances by 
Hedges, Weares, and other incumbrances obstructing the passage of Fish in Rivers. 

(Page 239, ch. 9.) Whereas, in and by an act made and pass'd in 
the eighth year of the reign of Queen Anne, intituled An Act to pre- 
vent nusances by hedges, weares, and other incumbrances obstructing 
the passage of fish in rivers, all such incumbrances in the rivers are 
disallowed and forbidden without the approbation of the courts of 
general sessions of the peace in the respective counties, and ordered 
to be demolished and pulled dovvn, but no penalty is provided in the 
said act : 

Wherefore, for the more effectual preventing such nusances : 
Be it enacted, That whosoever after the publication of this act, 
shall set up, erect or make any weares, hedges, fish-garths, stakes, 
kiddles, or other incumbrances whatsoever, on or across any river for 
straitning, obstructing or stopping the natural, usual or common i^as- 
sage of the fish in the spring or other proper seasons of the 3'ear, 



INLAND FISHERIES. 9 

without the approbation of the court of general sessions of the peace, 
shall for every such offence forfeit and pa}' the sum of ten pounds, to 
be sued for and recovered by plaint, bill, or information, in any of his 
majesty's courts of record within the county where the offence is com- 
mitted ; one-half thereof to be to him that shall inform and sue for the 
same, and the other half to the poor of the town or towns where such 
incumbrances have been made or set up. 

1741. 

An Act in addition to an Act made to prevent the Destruction of the Fish called Ale- 
wives, and other Fish. 

(Page 297, ch. 6.*) Whereas, notwithstanding the several acts 
made for tlie preservation of the fish, and to give them free passage 
up and down the rivers in their seasons, yet by reason of the many 
dams erected, and often erecting across such rivers and streams where 
the several sorts of fish pass up into the natural ponds to cast their 
spawns, said fish are diverted in their passage, to the great decay and 
ruin of such fishery : 

Be it therefore enacted^ That whosoever shall hereafter erect or 
build any dam across any such river or stream where the salmon, shad, 
ale wives, or other fish usually pass up into the natural ponds to cast 
their spawn, shall make a sufficient passage-wa}'^ for the fish to pass 
up such river or stream, through or round such dam, and shall keep 
it open for the free passage of the fish from the first da}- of April to 
the last day of May annually, and all the owners or occupants of any 
mill-dam or other dams heretofore erected and made across any such 
river or stream where the fish can't conveniently pass over, shall make 
a sufficient way either round or through such dam for the passage of 
such fish, at or before the first day of September next, and after that 
to keep such passage way open from the first da}^ of April to the last 
day of May annually, on pain that every person offending in an}' of 
the particulars aforesaid, shall forfeit and pa}' the sum of fifty pounds 
for each offence. 

Provided^ nevertheless, Whereas, in some of the rivers or streams, 
the said fish do not pass up to spawn in the times by this act provided 
for, that it shall be in the power of the several towns wherein such 
streams are, or are adjoining, or the selectmen of such towns, or the 
major part of them, to appoint or order the times of keeping open 
such sluice-ways as in their judgment may be agreeable, to the natu- 
ral time of said fish passing up to spawn, so as it does not exceed 
sixty da^'s annually. 

And he it further enacted, That the owners or occupants of such 
dam or dams, shall allow sufficient water passage round, through or 
over such dams, for the passage of such fish or their young spawn, in 
* Chap. 7, 1741, supplementary. 



10 LAWS RELATING TO 

the season of their going down such rivers or streams, on penal t}^ of 
forfeiting the sura of fift}' pounds for every offence. 

Provided, nevertheless, That whosoever is an owner or occupant of 
such dam or dams erected before the 3'ear one thousand seven hun- 
dred and nine, and by this act is obliged to make such passage-way 
for the fish as aforesaid, shall, after he has effected the same, present 
his account of the reasonable charge thereof, to the court of general 
sessions of the peace of the same countv for their allowance, who are 
hereby empowered to proportion the several towns' parts thereof who 
are advantaged thereby, and order each of said towns to assess and 
pay the same to such owner or occupant accordingly, and the owners 
or occupants of such dam, shall afterwards maintain such passage- 
way at his or their own cost and charge. 

And he it farther enacted, That it shall be in the power of any 
town at their annual meeting in March, to chuse one or more persons, 
whose business it shall be to see that the said passage-ways are open 
pursuant to this act, and that said fish maj^ not be obstructed in their 
usual passing up and down sti'eam, and to appoint the proper place 
or places for the taking such fish with scoop nets, and to limit the 
particular times and days for the taking the same. 

Provided, also. That this act shall not be construed so as to affect 
the order of this Court, pass'd in January, one thousand seven hun- 
dred and thirty-eight, relating to Watertown mill-dam. 

And that the several fines and penalties arising by virtue of this 
act, shall be sued for and recovered in any court of record proper to 
try the same, by any person that shall prosecute and sue for the 
same, one half of such sum to be to and for the use of the prosecutor, 
and the other half to be to and for the use of the poor of the town 
where the offence shall be committed. 

An Act in Supplement of an Act intituled " An Act in addition to an Act made 

to prevent the destruction of the Fish called Alewives and other Fish." (1741, 

ch. 6.) 

(Page 298, ch. 7.) Whereas, ***** uo 
penalty is therein ordered to be imposed on such as shall take ale- 
wives or other fish at other times or places, than such as shall be 
appointed in pursuance of said act : 

Be it therefore enacted, That whosoever shall presume to take any 
of the kinds of fish in said act enumerated (whether with scoop-nets 
or otherwise) in any river or stream within or adjoining to any town 
within this province, at any other place or time than such as has been 
or shall be limited and appointed by any town in pursuance of said 
act, such offender or offenders shall forfeit and pay the sum of ten 
shillings for each offence ; one moiety thereof shall be for the use of 
the poor of the town where the offence shall be committed, the other 



INLAND FISHERIES. 11 

moiety to be to him or tliem who shall inform and sue for the same 
before one or more of his majesty's justices of the peace in the same 
county. 

Provided^ That this act be not construed to affect any person 
taking fish in any town where such town shall not in manner as 
aforesaid, appoint the time and place for taking the fish aforesaid. 

1743. 

An Act in addition to an Act made in the tifteenth year of his present Majesty's reign, 
intituled "An Act in addition to an Act made to prevent the Destruction of the Fish 
called Alewives and other Fish." 

(Page 813, ch. 5.) Whereas, * * * * * by 
reason that no direction is therein given with respect to the suffi- 
ciency of th6 sluice or passage so to be made or left open, there 
arises great difficulty to the owner or occupant of such dams in com- 
plying therewith : And whereas, by reason that in some streams and 
rivers the said fish pass sooner, and in others later in the 3'ear than 
the time is prescribed in said additional act, as well as that the time 
of their passing up and down is in some streams and rivers longer, 
and in some shorter, so that it is found by experience that the gen- 
eral rule in the aforesaid cases by law provided, does not only fail of 
the good ends proposed thereby, but also exposes the owners and 
occupants of such dams to trouble and damage not necessary to 
answer the good purposes of said additional act : Wherefore, 

Be it enacted, That it shall and may be lawful for any oWner or 
occupant of any such dam or dams already built, or that may here- 
after be built, and who are or may be obliged by said additional act 
to open or leave open such passage as aforesaid, to apply to the 
next court of general sessions of the peace, to be holden in and for 
the county where such mill-dam is, and the justices of the court 
respectively, on such application, are impowered, and directed to 
appoint a committee of three sufficient and as much as may be disin- 
terested persons, under oath, to repair to the dam where the passage 
is proposed to be opened, and carefully view the same, and in the 
best manner they are able, to inform themselves of the most proper 
place for the passage of such fish up and down stream, of what dimen- 
sions the same shall be made or appointed to be, and what part of 
each year, and how long the same shall be kept open ; and return the 
same under their hands, or the hands of the major part of them, to 
the said court for their acceptance ; which return so made and 
accepted, shall be deemed and adjudged the lawful rule of proceeding 
in making and keeping open the passage and passages for the fish in 
passing up and down the rivers and streams for the future : anythitig 
contained to the contrary in said additional act notwithstanding. 



12 LAWS RELATING TO 

Provided, nevertheless, That if at an}" time after such determina- 
tion, either party shall think themselves aggrieved b}' such deter- 
mination, it shall and ma^' be lawful for the owner or owners, 
occupant or occupants of such mill-dam or dams, or any other five 
persons of the other part}', who may expect benefit by said fish pass- 
ing up such rivers or streams, once more to apply to the said court 
for a new view, and report on the premises in manner aforesaid, 
which being by said court accepted, shall be final ; the charge of 
such application to be born by the persons applying, in case no 
material alteration on the first return is made, but otherways be born 
by the owners of the dam, in proportion to their interest, to be first 
stated and allowed by the said court of general sessions, and may be 
recovered by action or actions of debt in any court proper to try the 
same. 

1745, 

An Act in addition to and for rendring more effectual the Laws already in being for 
preventing the Destruction of the Fish called Alewives, and other Fish. (Page 320, 
oh. 2.) 

(Preamble. The two preceding acts are here quoted.) 
And whereas, it may happen that in some rivers or streams, across 
which dams are built, it may be doubtful whether the fish may be 
said to usually pass or cast their spawn, and so as to render it neces- 
sary that a way should be left open in such dams for their free 
passage, and many inconveniences may arise from such doubt or 
uncertainty : 

Be it therefore enacted. That when and so often as application shall 
be made to the court of sessions by the owner or occupant of any 
mill-dam or dams, either of such dams as have no passage-way, or of 
such dams through which a passage-way has been alread}' made, and 
a committee shall thereupon be appointed by such court pursuant to 
the last recited act, and such committee shall repair to any dam or 
dams, and it shall appear to them upon inquiry, that the fish do not, 
or in case of a passage being made or kept open, would not usually 
pass up the river or stream across which such dam is or shall be 
built in such numbers as that it is necessary a passage-way through 
such dam should be made or kept open, or that the passing of the 
fish up such river will not be of greater general benefit than the 
leaving open of passage-ways in such dams will be of damage to the 
owners of the mills and other persons, then, and in either of such 
cases, said committee shall be impowered to make a report that such 
passage-wa}' is not necessar}-, and such report being accepted b}^ the 
court of sessions, the owner or occupant of such dam, shall there- 
upon be freed from all obligation to make or keep open any pas- 



INLAND FISHERIES. 13 

sage ; any thing in the aforementioned acts to the contrary notwith- 
standing. And the charge of the application that shall be made b}' 
the owner or occupant of any mill-dam or dams, and all proceedings 
of the court thereupon, pursuant to this act, or to the said last recited 
act, shall be born and paid by such owner or occupant. 

Provided, always, That if at any time after such determination, any 
person apprehending it necessar}' that a passage-way should be 
opened in such dam, shall thereupon make application to the court of 
sessions, said court shall be impowered to appoint a new committee, 
who shall have the same power the first committee by law had, or 
might have had, and upon such committee's reporting that a passage- 
way is necessary in such dam or dams, and the demensions thereof, 
and the time it shall be kept open, and upon such report being 
accepted b}^ the court of sessions, the owner or occupant of such mill 
or dam shall be as fully obliged to keep open such passage as if the 
former report had never been made and accepted ; any thing in this 
act to the contrary notwithstanding ; the charge of such application 
and all proceedings thereupon, to be paid by the person or persons 
making the same, or b}" the owner or occupant of such dam, as the 
court of sessions shall order. 

And whereas, in some counties within this province, the justices of 
the court of sessions have refused to admit any application from the 
owner or occupant of any mill or mill-dam, by reason that such appli- 
cation has not been made at the court next immediately following the 
publication of the last recited act : 

Be it further enacted, That the several courts of sessions within 
this province be, and hereby are impowered and directed to admit, 
proceed and determine upon any such application at any court at any 
time held for the county, and all such proceedings shall be deemed as 
valid to all intents and purposes as if they had been acted upon at 
the court next immediatety following the publication of said act. 

And whereas, in man}^ rivers and streams within this province, 
neither shad, salmon nor alewives usually swim, or would pass up 
such river or stream, altho' a passage-way was made and kept open 
through the several dams built across such rivers or streams, and 
the advantage of other fish that pass up such rivers or streams, is 
not equal to the damage that may arise by keeping open a passage- 
way through such dams : 

Be it enacted, That no owner or occupant of any mill-dam or dams 
built or to be built within this province, shall be liable to any penalty 
for not making or keeping open a passage-way through such dam or 
dams, except those dams only which are built across such rivers or 
streams where either of the aforementioned fish, viz., salmon, shad or 



14 LAWS EELATING TO 

alewives usually swim or pass ; any former law, usage or custom, to 
the contrary notwithstanding. 

Provided, always, That it shall be in the power of any person at 
any time, to make application to the court of sessions, setting forth 
that the passage of other fish up such rivers or streams, is of such 
advantage as to render a passage-way through any dam or dams 
necessar}', and the justices of the court of sessions are impowered on 
such application to appoint a committee to repair to such dam or 
dams, and upon such committee's reporting that a passage-way or 
wa^^s for the fish is necessary, the dimensions thereof, and the time 
for keeping it open, and upon such report's being accepted, the owner 
or occupant of such dam or dams, shall be as fully obliged to make 
and keep open such passage-way or ways as if shad, salmon or ale- 
wives usually passed up such river or stream. 

And whereas, the mill-dam in the town of Watertown, referred to 
in the aforesaid act of the fifteenth of his present majesty, has not 
been subjected in like manner with the other mill-dams within this 
province : 

Be it therefore enacted, That if any person or persons whatsoever, 
shall cause the dam of said mill to be raised, so as to prevent the 
passage of the fish over the same, at any time between the breaking 
up of the ice in the winter or spring, and the first da}" of May annu- 
ally, and in any year hereafter, without the express leave or consent 
of the selectmen of the towns of Watertown and Newtown, ever}' 
person so offending, shall forfeit and pay the sum of five pounds for 
each offence, to be recovered in any court of record proper to try the 
same, and for the use of him or them that shall inform and sue 
therefor. 

1781. 

An Act more effectually to prevent the Destruction of Alewives in tbeir passage up the 
Rivers and Streams in the Towns of Salem and Danvers. 

Whereas it is necessary for the preservation of the fish called ale- 
wives, in their passage up the rivers and streams in the towns of 
Salem and Danvers, into the ponds at the head of those streams, that 
the committees hereafter to be appointed in those towns, to see that 
the passage-ways for said fish be not obstructed, should have their re- 
spective jurisdiction enlarged, and further authority given them for the 
purposes aforesaid. 

Sp. Laws, vol. 1, p. 5. Sect. 1. That the towns of Salem and 
Danvers shall be, and they are hereby respectively empowered and 
directed at their meetings in March annually, each town to choose 
three or more persons to see that the laws respecting the passage-ways 
for said fish be observed. And each person so chosen shall take an 



INLAND FISHERIES. 15 

oath faithfull}' to discharge the duties required of him by law. And 
the committees of said towns shall meet together annually, on or 
before the tenth day of April, at such time and place as the person 
first chosen b}' the town of Salem shall appoint, to be by him duly 
notified. And the major part of the committees present at such 
meeting are hereby authorized and empowered to order the times, 
places and manner in which said fish may be taken within the limits 
of either of said towns, and also the number any one person may be 
allowed to take on any one day. And the members of the committees 
aforesaid shall have joint and concurrent jurisdiction in either of said 
towns ; and the doings of said committees, or either of them, or the 
members of either of them, shall have full power to act as such, in 
either of said towns. And in case either of said towns shall neglect 
to choose such committee, the committee chosen by the other town 
shall be as fully empowered as though such town had not neglected. 
And the said committees, or either of them (on neglect as aforesaid) 
shall have power to cause the whole natural course of the streams 
through which said fish pass to, in both the said towns, to be kept 
open and without obstructions, to remove any such as may be found 
therein, to make the passage-ways of such streams wider or deeper, 
if they find it necessar}'. And the said committees, or either of 
them, or an}- member thereof, shall have authority to go on the land 
of any person through which anj' such river or stream runs, or on 
which such land may be bounded, for those purposes, without being 
considered as trespassers. And any person who shall molest or 
hinder said committees, or either of them, or any member thereof, 
in the execution of the business of his or their office or offices, or 
shall obstruct any passage-wa}- in such river or stream, otherwise 
than may be allowed by such committees or committee, he or she 
shall forfeit and pay a sum not exceeding fifty pounds, nor less than 
ten pounds. 

Sect. 2. Be it further enacted, That the said committees, or the 
major part of them present at any meeting duly notified, being not 
less than three in number, shall be, and they are hereby authorized 
and empowered to open an}' dam or sluice-head of any mill erected 
or that may be erected on or over any such river or stream, at the 
expense of the owner or owners of such dam or sluice, provided such 
owner or owners shall neglect to open the same, when thereto required 
by said committees or such major part of them as aforesaid ; and the 
dam or sluice so opened shall continue open to such depth and width 
as the committees or said major part may judge necessary, from the 
tenth day of April to the tenth day of June in every year. And in 
case any person or persons shall obstruct the passage-way allowed 
or ordered by said committees, or such major part of them, in any 



16 LAWS RELATING TO 

dam or sluice, each person so offending shall forfeit and pay a sum 
not exceeding fifty pounds, nor less that ten pounds. 

Sect. 3. Be it farther enacted., That the owner or owners of any 
tide-mill erected, or that ma}' hereafter be erected on any such river, 
shall keep a sluice-gate hoisted, or passage-way opened, of three feet 
in width and two feet high, three hours at least before high water in 
each tide, from the said tenth day of April to the tenth day of June 
annuall}^, on penalty of forfeiting for each tide that it shall not be 
hoisted or the passage-way opened, a sum not exceeding three pounds, 
nor less than five shillings. And the bottom of the passage-way so 
opened shall be as low as the said committees, or the major part as 
aforesaid shall judge necessary. 

Sect. 4. Be it further enacted.. That if any person or persons 
shall take any of said fish, on any day, or in any place, or in anj' 
manner, or in greater numbers than shall be allowed by said com- 
mittees as aforesaid, each person so offending shall forfeit and paj' 
a sum not exceeding fort}- shillings, nor less than five shillings ; and 
no seines shall at an}' time be made use of to take said fish, nor 
shall they be taken in any manner more than three days in any 
one week. 

Sect. 5. Be it further enacted, That if the committees aforesaid, 
or either of them, or any member thereof, shall detect any person or 
persons attempting to take any of said fish on any day, at any place, 
in any manner, or in a greater quantity, otherwise than is allowed by 
said committees, and sball find fish with such person or persons, such 
person or persons shall be doomed to have taken said fish, and be 
subject to the penalties of this act accordingly. 

Sect. 6. Be it further enacted, That all the penalties incurred by 
the breach of this act, may be sued for and recovered in any court of 
record in the county of Essex proper to try the same. And all sums 
as recovered as forfeited by this act, shall be appropriated, one moiety 
thereof to the prosecutors and the other moiety equally divided be- 
tween the said towns of Salem and Danvers. And no person, by 
reason of his being one of either of the committees aforesaid, shall be 
thereby disqualified from being a witness in any prosecution for breach 
of this act. — [February 19, 1781. 

An Act to provide more effectually for the Preservation of the fish called Alewives, in 
the Streams running into Merrimack River, within the Town of Andover. 

[Made perpetual March 7, 1707. Another Act but not repealing this one, March 9, 1792. 
This limited to four years, but extended afterwards] (See 1765.) 

Whereas it is found that the laws already made are not sufficient 
to prevent the destruction of the fish called alewives, in the streams 
within the town of Andover, which run into Merrimack River : 



INLAND FISHERIES. 17 

Sp. Laws, vol. 1, p. 10. Sect. 1. That an act made in the year 
of our Lord one thousand seven hundred and fifty-five, entitled " An 
Act for preventing the unnecessary destruction of Alewives and other 
fish within this Province," be, and it is hereby extended to the streams 
herein before mentioned. And the selectmen of the town of Andover 
are hereby empowered to determine what number of barrels of said 
fish may be caught for market, and to let out the same in manner as 
is in said act prescribed, at any time in the months of April and May 
annually, as well as in the month of March therein specified. 

Sect. 2. Be it further enacted, That if any person shall catch, or 
shall attempt to catch, an}- of the before mentioned fish, in any part 
of the streams herein before recited, at an}' time between the hours iu 
the evening and five in the morning, ever}' person so offending shall 
forfeit the sum of not less than twenty shillings, nor more than three 
pounds, for every offence. And the oath of any officer chosen at the 
annual meeting in March to see that the passage-ways for fish are 
kept open, testifying any fact that may be considered as a violation 
of this or any former act of the General Court made for the preser- 
vation of fish, shall be received as sufficient evidence of the same. 

Sect. 3. Be it further enacted, That each and every of the officers 
aforesaid be, and he is hereby empowered to make search for, and to 
seize an}' parcel of said fish which he has reason to suspect were 
taken at any time or place, or in any way by law prohibited. And if 
any such officer shall have reason to suspect that any of said fish so 
taken are secreted under lock, or in any other way, he is hereby em- 
powered in obedience to a warrant (which any justice of the peace in 
the same county is empowered to grant), on application therefor 
from such officer, to break open such lock or other obstruction, in the 
day-time, and having seized such fish, to take them into his custody ; 
and the same officer shall give public notice of such seizure, by post- 
ing an advertisement of the same at the public house nearest to the 
place where such seizure was made ; and if no person shall appear to 
said officer to claim said fish within twenty-four hours after posting 
said advertisement, such fish, and any cask in which they may be 
packed, shall be forfeited. And if any person shall appear as afore- 
said, to claim said fish, then the said officer shall require the claimer 
to appear before some justice of the peace of the same county, who 
shall hear and determine the cause, except the value of the fish seized 
exceed forty shillings, in which case he shall require the said claimer 
or claimers to recognize, to appear before the next court of general 
sessions of the peace for the same county ; and if sufficient evidence 
be not offered to satisfy the justice or the court, that the fish so seized 
Wire taken at some other time and place, and for some other purpose 
than by law is prohibited, then the said fish, and an}^ cask in which 



18 LAWS EELATING TO 

they may be packed, shall be forfeited ; and all fish that may be for- 
feited in consequence of this act, shall be sold by the officer who 
seized them ; and all forfeitures in consequence of this act, after 
paying charges, shall enure one-half to the said officer, and the 
other half to the poor of the town of Andover. 

Sect. 4. Be it further enacted^ That the officers before mentioned 
be, and the}^ hereby are empowered to require suitable aid to enable 
them to execute their office ; and any person who shall refuse or neg- 
lect to give aid when thereto required, as herein provided, he shall, on 
conviction thereof before any justice of the peace of the same county, 
forfeit the sum of three pounds. 

This act to continue and be in force for the space of four j^ears from 
the first day of next November, and no longer. 

This act passed May 8, 1781. 

1786. 

An Act to prevent the Destruction of Salmon, Shad and Alewives, and other Fish in 
the Aggawam or Westfield River.* 

Sp. Laws, vol. 1, p. 126. Sect. 1. That from and after the first 
day of March next, no person or persons be allowed to catch any 
salmon, shad, or alewives with seines, nets, pots, or in any other way, 
in any part of said river, within twof miles of the entrance thereof 
into Connecticut River, nor in Connecticut River within half a mile 
south, or forty rods north of the mouth, or entrance of said Agawam 
into Connecticut River ; and no person or persons shall catch any 
salmon, shad or alewives, in any other part of said Agawam River, 
at any other time, than between sunset on Monday evening, and 
sunset on Thursday evening in each week ; and if any person or per- 
sons shall presume to catch any fish in the said rivers, contrary to the 
true intent of this act, he or they so offending, shall for each offence, 
forfeit and pay a fine of four pounds ; and the seine, net or machine, 
used in catching said fish, shall be forfeited. 

Sect. 2. Be it further enacted^ That all wears, fences, and other 
incumbrances now erected, or that shall hereafter be erected, in any 
part of the said Agawam River, so as to stop the free course or pas- 
sage of the said fish up the said river, shall be deemed common nui- 
sance, and as such shall be pulled down and demolished ; and any 
person or persons that shall hereafter ei'ect any such wears, fences or 
other incumbrance, or shall continue such already erected, on convic- 
tion thereof, shall forfeit and pay the sum of three pounds. 

Sect. 3. Be it further enacted, That all fines and forfeitures incurred 
bv any breach of this act, shall and may be recovered by action or 

* Altered as to Connecticut River, March 26, 1788. 
t Reduced to one mile by Act March 8, 1796. 



INLAND FISHERIES. 19 

information before any justice of the peace within the county where 
such offence shall be committed ; one half of such fines shall enure to 
him or them who shall sue or prosecute for the same, and the other 
half to the poor of the town where the offence shall be committed. 
This act passed June 27, 1786. 

1787. 

An Act to prevent the Desti-uction, and to regulate the Catching of the Fish called Ale- 
wives, in their passage up the Rivers and Streams in the Tovrn of Harwich, in the 
County of Barnstable. 

Sp. Laws, vol. 1, p. 1G6. Sect. 1. That the town of Harwich 
shall be and hereby are empowered and directed, at their meeting for 
the choice of town oflBcers in March or April annually, to choose three 
or more persons, being freeholders in the said town, to see that this 
act be duly observed ; and each person so chosen shall be sworn 
faithfully to discharge the duties required of him by this act ; and the 
said committee shall meet together annually, on or before the twen- 
tieth day of April, at such time and place as the}', or a majority of 
them, shall appoint, and the major part of the committee present at 
such meeting, are hereby authorized and empowered to order the times, 
places and manner in which the said fish may be taken ; and the said 
committee, or a majority of them, are hereby fully authorized and 
empowered to cause the natural course of the streams through which 
the said fish pass, to be kept open and without obstruction, to remove 
any such as maj^ be found therein, and to make the said passage- wavs 
wider or deeper if they shall judge it necessary ; and the said com- 
mittee or either of them, paying a reasonable consideration therefor 
if demanded, shall have authority for those purposes to go on the land 
or meadow of any person through which said streams run, without 
being considered as trespassers ; and any person who shall molest 
or hinder the said committee or either of them in the execution of the 
business of his or their office, or shall obstruct any passage-waj in 
the said rivers or streams, otherwise than may be allowed by the said 
committee, he or they shall forfeit and pay a fine for every such 
offence, not exceeding forty shillings, nor less than twenty shillings. 

Sect. 2. Be it further enacted, That the said committee, or the 
major part of them present at any meeting duly notified, being not 
less than three in number, shall be and hereby are authorized and 
empowered, to open or cause to be opened any dam or sluice of any 
other dam now erected, or that may be hereafter erected on, or over 
any of the said rivers or streams (between where such rivers or 
streams empty themselves into the sea at low water, and the ponds 
in which the said fish usually cast their spawns) at the expense of the 
owner or owners of such dam or sluice : provided such owner or 



20 LAWS EELATING TO 

owners' shall neglect to open the same when thereto required bj' the 
said committee or the major part of them, immediate!}' after being 
thus required so to do ; and the dam or sluice so opened shall con- 
tinue open in every j^ear, to such depth and width, and for such term 
of time between the fifteenth day of April and the tenth day of June, 
as the major part of the said committee shall judge necessar}' ; and if 
any person or persons shall obstruct the said passage-wa}' s allowed or 
ordered b}' tlie said committee, or the major part of them, in any dam 
or sluice, such person so offending shall on conviction before any jus- 
tice of the peace in the county of Barnstable, pa}' a fine for CA'ery 
such offence not exceeding forty shillings, nor less than twenty shil- 
lings, and the said committee shall cause ever}' such obstruction to be 
forthwith removed. 

Sect. 3. Be it further eyiacted, That if any person or persons 
shall take any of the said fish in the rivers, streams or ponds afore- 
said, before they shall have cast their spawns, at any time, in any 
place, or in any manner other than shall be allowed by the said com- 
mittee as aforesaid, each person so offending, for each and every such 
offence shall, on conviction, as aforesaid pay a fine not exceeding 
twenty shillings, nor less than five shillings, if the quantity of fish so 
taken is less than one barrel ; but if the quantity so taken shall be 
one barrel or more, such person or persons so offending shall forfeit 
and pay for each and every barrel of fish so taken, the sum of twenty 
shillings. 

Sect. 4. Be it further enacted^ That if the committee aforesaid, or 
either of them, shall detect any person or persons in attempting to 
take any of the said fish at any time, or in any place, or in any 
manner otherwise than is allowed by the said committee, or shall find 
such fish with such person or persons, such person or persons shall be 
deemed to have taken the said fish unlawfully, and shall be subject to 
the penalties of this act accordingly, unless such person or persons 
can make it appear on trial, that they came by the said fish in some 
other way. 

Sect. 5. Be it further enacted^ That the committee to be chosen 
as aforesaid, or the major part of them, shall determine what days in 
the week the said fish shall be taken, also on the certain parts of the 
said rivers and streams where the said fish may be taken, to be partic- 
ularly bounded or described, so that the said places may be easily 
known ; and shall notify the inhabitants thereof, by posting up notifi- 
cations in several public places in the said town of Harwich, within 
ten days after their being chosen as aforesaid. 

Sect. 6. Be it further enacted^ That all penalties incurred by any 
breach of this act, shall be recovered by complaint before a justice of 
the peace, in the county of Barnstable, where the said penalty doth 



INLAND FISHERIES. 21 

not exceed forty shillings, allowing an appeal to the court of general 
sessions of the peace in the county aforesaid ; and where the penalty 
prosecuted for shall exceed the sum of forty shillings, it may be sued 
for and recovered in any court in the county of Barnstable proper to 
try the same, and all sums recovered as forfeited b}" this act, shall be 
for the support of the poor in the town of Harwich ; and no person, 
by reason of his being one of the said committee, or an inhabitant of 
the said town, shall thereby be disqualified from being a witness in 
any prosecution for breach of this act. 

Sect. 7. Be it further enacted^ That it shall be the duty of the 
committee aforesaid, to take care that a sufficient passage-way be kept 
open annually for the young alewives to pass from the ponds to the 
sea.— [July 4, 1787. 

[1813, 57, 115 ; 1824, 107 ; 1844, 67.] 

1788. 

An Act for the Preservation of the Fish called Alewives in Mattapoiset River, in 
Rochester, in the County of Plymouth, and for the regulating the taliing of the said 
Fish, in the said River. 

Sp. Laws, vol. 1, p. 180. Whereas the law which was heretofore 
made for the preservation of the fish called alewives, in Mattapoiset 
River, in the town of Rochester, and for regulating the taking the 
said fish, in the said river, has been found insufficient to answer the 
said purposes : 

Sect. 1. That the owner or owners of each and every mill-dam on 
the said river, shall make, provide and continue a sluice-way of "three 
feet wide, and eight inches deep, for the said fish to pass their respec- 
tive dams, as low as the said selectmen of the said town of Rochester 
shall judge convenient for the said fish to pass in. And the selectmen 
of the said town of Rochester are hereby authorized, on the second 
Monday of April annually, to open the said sluice-ways which, when 
opened by them, shall remain open until the twentieth day of May 
annually ; and the owner or owners of any dam on the said river who 
shall neglect or refuse to make, provide and continue a sluice-way as 
aforesaid, shall shut or obstruct the same during the term the said 
sluice-wa}' is to be kept open as aforesaid, shall forfeit and pay the 
sum of forty pounds for each offence. 

Sect. 2. Be it further enacted^ That the said town of Rochester, 
at their annual meeting for the choice of town officers, in the months 
of March or April annuall}', are hereby authorized to choose a com- 
mittee consisting of not more than twelve, nor less than two suitable 
discreet persons, for inspectors of the said river, whose duty it shall 
be, within four days after their appointment, to post up in four public 
places in the said town nearest the said river, a notification under 
their hands, or the major part of them, pointing out the times when, 



22 LAWS KELATING TO 

and the places where the said fish may be taken in the said river ; and 
if any person shall pnll down or deface such notification, he or she 
shall for each offence forfeit and pay ten shillings ; and if such com- 
mittee shall neglect or refuse to post up such notification within the 
said term of four days, such committee shall forfeit and pay ten shil- 
lings ; and an}' person who shall presume to take an}' of the said fish 
in the said river, except at the times and places appointed by the said 
committee as aforesaid, shall forfeit and pay three pounds for each 
offence. 

Sect. 3. Be it further enacted, That if any person or persons 
shall make any wears, or any other obstruction, to hinder the passage 
of the said fish up the said river, each person so offending shall forfeit 
and pay the sum of five pounds ; and any person who shall take or 
catch any of the said fish in said river, with any other instrument than 
a dip-net, shall forfeit and pay four pounds for each offence. 

Sect. 4. Be it further enacted. That if any person shall set or 
draw any seine, drag-net, or marsh-net in the said river, or within the 
following bounds of the harbor adjoining it, viz. : beginning at the 
south-westwardly end of the inland, owned by the Rev. Mr. La Barron, 
and from thence to the mouth of the creek which runs out of Barlow's 
Pond (so called) , from and after the tenth day of April to the twen- 
tieth day of May annually, each person so offending shall forfeit and 
pay ten pounds. 

Sect. 5. Be it further enacted, That all the forfeitures mentioned 
in this act shall accrue to the said town of Rochester, to be recovered 
by the treasurer of the said town in an action of debt in any court 
proper to try the same ; and no person shall be considered as dis- 
qualified from giving evidence in any such action on account of his 
living in or being an inhabitant of the said town of Rochester. 

Sect. 6. Be it further enacted, That the agreement made and 
entered into between the said town of Rochester and the owners of the 
lower dam, on the said river, with regard to the premises, shall be 
good and valid in law. — [March 1, 1788. 

[Sp. Laws, vol. 1, p. 247, 290; vol. 3, p. 91; 1810, 60; 1814, 99; 1817, 136; 1820, 70; 

1829, 41.] 

An Act to prevent the Destruction of Fish called Sliad and Alewives, in Ten and Three- 
Miles Rivers, in the County of Bristol. 

Sp. Laws, vol. 1, p. 183. Whereas it is necessary for the preserva- 
tion of the fish called alewives, in their passage up the rivers, called 
and known by the name of Ten-Mile and Three-Mile River, in the 
county of Bristol, that some further provision should be made for the 
said purpose : 

Sect. 1. Be it enacted. That the several towns through which the 
said Ten-Mile and Three-Mile River run, shall be, and they are 



INLAND FISHERIES. 23 

hereby empowered and directed, in the month of March or April 
annually, to choose three or more persons in each town respectively, 
being freeholders within the same, as a committee, who shall take an 
oath to the faithful discharge of his or their duty ; and the said com- 
mittee, or the major part of them, shall have power to cause the 
natural course of the said streams through which the said fish pass, 
to be kept open, and without obstruction, and to remove all such 
obstructions as ma}' be found therein, and to make the passage-ways 
wider or deeper if the^^ shall find it necessar}- ; and the committee, or 
a major part of them, shall have authority for such purposes, to go on 
the land of any person through which the said Ten and Three-Mile 
Rivers run, without being considered as a trespasser or trespassers ; 
and any person who shall hinder the said committee, or either of 
them, in the execution of the business of his or their oflBce, or who 
shall obstruct any passage-way in the said rivers, otherwise than 
may be allowed b}- the said committee, he or the}' shall forfeit and 
pay a fine not exceeding the sum of fifteen pounds, nor less than five 
pounds. 

Sect. 2, Be it further enacted^ That the said committee, or a major 
part of them, at any meeting by them dul}' notified, shall be and 
hereby are authorized and empowered to open any dam or sluice-way 
of any mill erected, or that may be erected on, over or across the said 
rivers, at the expense of the owner or owners of such dam, provided 
such owner or owners shall neglect to open the same when they are 
required by said committee ; and the said dam or dams, or sluice-way 
or ways, so opened, shall continue open to such width and depth, and 
for such length of time betwixt the first day of April and the last day 
of May annually, as the major part of the said committee shall judge 
necessary ; and in case any person or persons shall be found to 
obstruct the passage-ways allowed or ordered by the said committee 
in any dam or sluice, such person or persons so offending shall forfeit 
and pa}' a fine not exceeding the sum of ten pounds, nor less than five 
pounds. 

Sect. 3. Be it further enacted^ That all penalties incurred by a 
breach of this act may be sued for and recovered in any court in the 
county of Bristol proper to try the same ; and all sums so recovered 
or forfeited by a breach of this act, shall be appropriated, one moiety 
thereof to the prosecutor or prosecutors, and the other moiety thereof 
to the use of the poor in such town where the offence is committed ; 
and no person, by reason of his being one of the said committee or an 
inhabitant of either of said towns, shall thereby be disqualified from 
being a witness in any prosecution for a breach of this act. — [March 
10, 1788. 

[Repealed as regards Three-Mile River Sp. Laws, vol. 1, p. 287.] 



24 LAWS RELATING TO 

[Sp. Laws, vol. 1, p. 126.] 

An Act for altering a certain clause in an Act entitled, " An Act to prevent the destruc- 
tion of Salmon, Shad and Alewives, and other Fish in Agawam or Westfield River." 

Sp. Laws, vol. 1, p. 188. Whereas l\y the said act no person or 
persons are allowed to catch any salmon, shad or alewives, with 
seines, nets, pots, or in any other wa}', within two miles of the en- 
trance of the said river into Connecticut River, nor in Connecticut 
River within half a mile south or forty rods north of the mouth or 
entrance of the said Agawam into Connecticut River : 

Sect. 1. Be it enacted^ That the clause in the said act respecting 
catching fish in Connecticut River be, and the same is hereby so far 
altered and repealed as that any person or persons vaa.y catch fish in 
Connecticut River with seines, nets, pots, or in any other way or 
place, excepting within one hundred rods directly south of the entrance 
of the said Agawam into Connecticut River ; anything in the said act 
to the contrary notwithstanding. — [March 26, 1788. 

An Act to prevent the Destruction of Alewives and other Fish in Ipswich River, and to 
encourage the increase of the same. 

Sp. Laws, vol. 1, p. 191. Sect. 1. Be it enacted, That the owner 
or owners, occupier or occupiers of the dam across Ipswich River 
commonly called Warner's mill-dam, and also thg owner or owners, 
occupier or occupiers of the dam of Farlej-'s mill, so called, be and 
they are hereby required, henceforward, at their own cost and charge, 
in proportion to their several interests, to make and keep open a 
passage for the fish through their respective dams, from the twentieth 
day of April to the thirteenth day of June annuall3' ; and that the said 
passages be within four feet of the northerly end of each of the said 
dams, five feet wide, to enter from the under side of the cap-piece, 
which cap-piece shall be level with the said dam, and as low as the 
upper side of the mud-sills of the same ; and that during the said 
time the bottom of the said passage be covered with flat stones or 
gravel in such manner as that the bottom be not raised higher than 
the sills ; and that nothing shall be kept, put or placed on the upper 
side of either of said dams, nor anything put or placed below either 
of them, within six feet of the sluice-wa}- on the southerh^ side of 
them, except a brace on the southerly side of each of the said sluice- 
ways, to guard the said cap-pieces, on penalty that the owner or 
owners, occupier or occupiers of either of the aforesaid mills neglect- 
ing to observe the directions of this act in any of the instances before 
mentioned, shall for every such offence forfeit the sum of twenty 
pounds, to be recovered of them, or either of them, by action of debt 
in any court of record proper to tr}' the same, in the county where the 
offence shall be committed, to be disposed of as follows, viz. : one 



INLAND FISHERIES. 25 

moiet}' to him who shall sue for the same ; the other moiety to the 
poor of the town where the offence shall be committed. 

Sect. 2. Be it further enncted, That the owner or owners, occu- 
pier or occupiers of Dodge's Mills, so called, at the Little Falls on 
the said river, be and the}' are hereby required to keep open the pas- 
sage over the said falls, from the grist-mill to a large rock in the angle 
of the falls or dam, down to the mud-sill, from the twentieth day of 
April to the thirteenth day of June annuall}-, on penalt}^ that the 
owner or owners, occupier or occupiers of the aforesaid mills neglect- 
ing to observe the direction of this act, shall for everj- such offence 
forfeit and pa}- the sum of twenty pounds, to be recovered of them, or 
either of them, by action of debt, in any court of record within the 
same county proper to try the same, one moiety thereof to him who 
shall sue for the same, the other moiety to the poor of the town where 
the offence shall be committed. 

Sect. 3. Be it further enacted. That the sluices or passages 
through or by all other mill-dams now erected, or that shall hereafter 
be erected upon said river, or b}' any stream or streams running from 
any natural pond into the same, provided the said mill-dam be below 
the same ponds, shall be open, and kept open ; and that the owner or 
owners, occupier or occupiers of such mill-dam, shall make, maintain 
and keep open the said sluices or passages at their own cost and 
charge, in the same manner as heretofore in this act is provided with 
regard to the passages through Warner's and Farley's mill-dam, and 
under the said penalty for every neglect, to be recovered and dis- 
posed of in the same manner. 

Sect. 4. Be it further enacted, That every person who shall, after 
the twentieth day of April, which will be in the 3-ear of our Lord one 
thousand seven hundred and eighty-eight, presume to take any fish 
of an}^ kind in the said river or its branches, or any of the ponds 
emptying themselves into the same, with seines or drag-nets of any 
kind, shall forfeit for every such offence, the sum of twenty pounds, 
to be recovered in any court of record proper to try the same, one 
moiety to him who shall sue for the same, the other moiety to the 
poor of the town where the offence is committed. 

And whereas it has been found by experience, that saw-dust floating 
in streams where fish pass, obstruct their passage : 

Sect. 5. Be it further enacted, That none of the saw-mills on said 
river, or any of the streams running from natural ponds into the said 
river, shall be suffered to go between the last day of April and the 
first da}^ of June annually, for cutting any wood or timber ; and every 
owner or occupier of such mill, who within the term aforesaid shall 
use or suffer the same to be used or employed for such purposes jifore- 



26 LAWS RELATING TO 

baid, shall incur the penalty of twenty pounds, to be recovered and 
disposed of in the same manner as aforesaid. 

Sect. G. Be it further enacted. That from and after the passing 
this act, every town bordering on Ipswich River, where alewives and 
other fish go up to cast their spawn, shall, at their meeting in March 
or April, for the choice of town officers annualh', choose at least three 
fit and suitable persons, whose dut}' it shall be, jointly or severalh', 
to see that this act be dul}' observed, and to inform against an}' per- 
son or persons that shall offend against the same ; and all persons so 
chosen, shall be sworn to the faithful discharge of their duty in such 
office ; and if any person chosen as aforesaid, shall refuse or neglect 
to be sworn, after due notice given, he shall forfeit and pay the sum 
of forty shillings, for the use of the poor of the town to which he 
belongs, to be recovered by the treasurer of such town in any court 
proper to try the same ; and such town shall proceed to a new choice, 
and so toities quoties. 

Sect. 7. Be it further enacted, That each and every person, who 
shall, from and after the twentieth day of April, to the thirteenth day 
of June annually, presume to take any of the said fish in the river 
aforesaid, or an}' of the streams running into the same, except on 
Monday, AVednesday and Friday, in each week during the time limited 
by this act, and in that case, not to be taken within two rods of any 
of the sluices aforesaid, shall forfeit and pay for every such oflfence a 
sum not exceeding forty shillings, nor less than twent}' shillings, to 
be recovered on complaint or information, one moiety to the prosecu- 
tor, the other moietj^ to the poor of the town where the offence is com- 
mitted : and the said committee shall be admitted as witness or 
witnesses on the trial. 

Sect. 8. Be it further enacted, That all the laws heretofore made, 
relative to fish passing up Ipswich River, and for regulating the taking 
of the said fish, be and they hereby are repealed and made null and 
void.— [March 28, 1788. 

[Sp. Laws, vol. 1, p. 451; vol. 2, p. 128; vol. 3, pp. 431, 524; 1810, ch. 117; 1812, 127; 
1814, 22; 1823, 33; 1839, 134; 1845, 79; 185&, 171; 1856, 14, 52, 248.] 

An Act to prevent the Destruction, and regulate and limit the Catching of Fish in the 
Rivers and Streams in the Town of Westport, in the County of Bristol. 

Sp. Laws, vol. 1, p. 197. Sect. 1. Be it enacted, That no seine or 
net shall be drawn at any time of the 3'ear au3-where in the rivers 
within the said town of Westport, below the south end of an island 
called Lake's Island, striking a line of an east and west course from 
the south end of said island, or within half a mile from the entrance 
of the harbor of said town ; and that in the months of October and 
November, yearly, and every 3'ear, no seine or net shall be drawn any 
where in either of the rivers, arms or creeks within the said town ; 



INLAND FISHERIES. 27 

and if any person or persons, after the passing of this act, shall pre- 
sume to draw any seine or net at any place or time, which is not 
allowed as above mentioned and described, he or they so offending, 
shall forfeit and pay the sura of three pounds for each offence, to be 
recovered by action of debt in any court proper to try the same ; the 
one moiety thereof to him or them who shall sue for the same, and 
the other moiety to the use of the town of Westport ; and every such 
seine or net. with its appendages so drawn, shall be forfeited to the 
use of said town. 

Sect. 2. Be it further enacted, That the town of Westport shall 
be, and hereb}' are empowered and directed at their meeting for the 
choice of town officers in March or April, annually, to choose three or 
more suitable persons in the said town, to see that this act be duly 
observed ; and each person so chosen, shall be sworn faithfully to dis- 
charge the duties required of him, agreeably to this act. — [June 18, 
1788. 

An Act for preventing the Destruction of Alewives in the town of Wellfleet, and regulating 
the Fishery of them in the said Town. 

Sp. Laws, vol. 1, p. 200. Sect. 1. Be it enacted, That it shall 
and may be lawful for the freeholders and other inhabitants of the 
town of Wellfleet, qualified b}' law to vote in town affairs, at their 
annual meeting by law' appointed for the choice of town officers, to 
choose a committee of three or more persons, being freeholders of said 
town, to inspect the said fishery of alewives, who shall be duly sworn 
to the faithful discharge of their dut}^ ; and the said committee shall 
have full aiithorit}' and power to meet, agree and determine upon rules 
and regulations respecting the taking the said fish, at what time, place 
or places the same shall be taken within the limits of the said town ; 
and of the rules and regulations, agreed and determined upon by the 
said committee, or the major part of them, tlie}" shall cause fair copies 
to be posted up in three different parts of the said town, within four- 
teen days at the least, after their having been chosen as aforesaid, 
and shall also fix marks or bounds in the place or places allowed for 
fishing. 

Sect. 2. Be it further enacted. That if an}' person or persons shall 
take any of the said fish in the rivers, streams or ponds, within the 
said town, at any other time or place than shall be allowed by the said 
committee as aforesaid, each person so offending, for each and every 
such off'ence, shall on conviction thereof, pay a fine not exceeding 
twent}' shillings, nor less than five shillings, if the quantity of fish so 
taken is less than one barrel ; but if the quantity' so taken shall be 
one barrel or more, such person or persons so offending, shall forfeit 



28 LAWS RELATING TO 

and pay for each and every barrel of fish so taken, the sura of twenty 
shillings. 

Sect. 3. Be it further enacted^ That if the committee aforesaid, or 
either of them, shall detect any person in attempting to take anj^ of 
the said fish, at any time, or in any place other than is allowed b}' the 
said committee as aforesaid, or shall find such fish with such person 
or persons, he or they shall be deemed to have taken the fish unlaw- 
fully, and shall be subject to the penalties of this act, as before men- 
tioned, unless such person or persons can make it appear on trial, that 
they came by the said fish in some other way. 

Sect. 4. Be it further enacted., That no person shall presume to 
take, catch, or haul on shore, any of the said fish within the limits of 
the said town, with any other nets than with scoop or dip nets, on 
pain and penalty of forfeiting for each and every offence, a sum not 
exceeding forty shillings, nor less than thirty shillings. And the 
said committee shall, during the passing of the said fish up the rivers 
and streams within the said town, as well as during the return of the 
said fish, and of the passing of their fry from the ponds to the sea, 
cause all obstructions to their passage, whether by wears, fences, 
walls, or otherwise, to be removed, and may make wider or deeper 
the said passage-ways, when the}^ shall judge it necessary, the said 
committee paying a reasonable consideration therefor, if demanded ; 
and shall have authority for those purposes, to go on the land or 
raendijw of an}" person through which any of the said streams run, 
without being considered as trespassers ; and any person who shall 
molest or hinder the said committee in the execution of their duty, or 
shall in anj' way or manner obstruct the passing of the said fish by 
wears, fences, walls, or otherways, shall forfeit and pay a sum not 
exceeding forty shillings, nor less than thii'ty shillings. 

Sect. 5. Be it further enacted^ That no inhabitant of any other 
town than the said town of Wellfleet, shall catch or take any of the 
said fish in any of the rivers, streams or ponds within the said town 
of Wellfleet, without leave had therefor in writing, of the said town of 
Wellfleet, or of their said committee. 

Sect. 6. Provided., nevertheless., That during the fishing season, 
any inhabitant of the neighbouring towns shall be supplied b}^ the 
committee or some person by them appointed for that purpose, to the 
number of three hundred of the said fish, or any less quantity, if 
thereto requested, such inhabitant paying therefor at a rate not ex- 
ceeding one shilling per hundred ; and in ease of neglect or refusal to 
suppl}'^ such inhabitant as aforesaid, upon application of the aggrieved 
person to any justice within the county of Barnstable, not an inhab- 
itant of Wellfleet, such justice may authorize and appoint some suitable 
person to catch and take the said fish, and suppl}" the inhabitants of 



INLAND FISHERIES. 29 

the neighbouriDg towns therewith, the person so appointed to conform 
to the rules established b}" the said committee, respecting the time 
and place of taking the said fish, and to be allowed by the said justice, 
from the sale of the fish he shall so take, a reasonable sum for his 
time and trouble ; and if any overplus remain after being paid as 
aforesaid, the same shall be b}^ him paid to the treasurer of the town 
of Wellfleet. 

Sect. 7. Be it further enacted. That all fines and forfeitures in- 
curred by any breach of this act, may be sued for and recovered before 
an}' justice of the peace in the said county of Barnstable ; and all fines 
recovered for any breach of this act, shall enure, one moiety thereof 
to the said town of Wellfleet, and the other moiety thereof to him 
or them that shall sue for and recover the same. And no person, 
by reason of his being one of the said committee or an inhabitant 
of the town of Wellfleet, shall thereby be disqualified from being 
a witness in any prosecution for a breach of this act. — [June 19, 
1788. 

[Repealed 1836, 56.] 

1789. 

An Act to prevent the Destruction of Fish called Shad and Alewives, in M.ystic River, so 
called, within the towns of Cambridge, Charlestown and Medfoid, and foi; repealing 
all laws heretofore made for that purpose.* 

[An Act for continuing this Act and including Woburn and Maiden, Feb 27, 1794. 
Separate provision for Medford, Feb. 11, 1803.] 

Sp. Laws, vol. 1, p. 238. Whereas the fisher}^ in Mystic River, 
in the county of Middlesex, if properly regulated, will be of great 
public utility, as it serves to promote the cod fishery, and is also of 
advantage to the particular towns through which the river runs, afford- 
ing, in some measure, subsistence and support to the inhabitants 
thereof, and it is, therefore, necessary to be preserved : 

Sect. 1. Be it enacted^ That the inhabitants of the towns of 
Cambridge, Charlestown and Medford, respectively, at a town meet- 
ing, to be held in the months of March or April, annual!}', at the 
time of choosing other town ofl^icers in their respective towns, be and 
they hereb}' are authorized and directed, to choose, for each of said 
towns, three suitable persons, in their respective towns, as a " Com- 
mittee for the preservation of Fish," who shall be sworn to the faith- 
ful discharge of their duty ; and the said committee, or the major part 
of them, in their own town, shall have full power and authoritv to 
cause the natural course of the said river, and the streams running 
into it, to be kept open and without obstruction, and to remove all 
such obstructions, as may be found therein ; and to make the passage- 
way wider or deeper, if they shall find it necessar}'. And the said 

• * Limited to five years. 



30 LAWS RELATING TO 

committee, or a major part of them, in their respective towns, shall 
have authority for such purposes, to go on the land of any person 
which ma}' border on said river or streams, without being considered 
as guilt}' of a trespass ; and to remove across such land any such ob- 
structions, implements or tools, as may, in any way, impede, obstruct 
or hinder any fish from passing freely up and down said river or 
streams, otherwise than by this act is provided. And any person who 
shall hinder or obstruct said committee, or a majority of them, whether 
in crossing such land, or in executing any part of the business by this 
act assigned them, shall forfeit and pa}- for every such offence, a sum 
not exceeding three pounds, nor less than twenty shillings, to be re- 
covered in an}' court, proper to try the same. 

Sect. 2. Be it further enacted, Thsil no shad or alewaves shall be 
caught in any of the above mentioned towns, above Medford bridge, 
in the said river or streams, or in Mystic Pond or Spy Pond, whether 
with a seine, drag-net, marsh-net, basket, or any other implement of 
that kind, or made to answer such purpose, except as is hereafter in 
this act provided. And every person offending herein, shall, upon 
due conviction, forfeit and pay the sum of three pounds, for every 
such offence, and shall also forfeit the implements or tools used in 
committing the offence. And no person shall, at any time, place any 
kind of obstruction in said river, streams or ponds, which may obstruct 
or hinder any shad or alewives from passing up or down the same. 
And no person shall be permitted, by disturbing the waters aforesaid, 
or by any other means, to restrain or interrupt any of those fish in 
their passage up and down said river and streams. And every person 
offending in either of these particulars, shall, upon conviction, forfeit 
and pay the sum of three pounds for every such offence ; and every 
wear, net, or other obstruction, matter or thing, placed or used for 
such purpose, shall also be forfeited, if found in any of the waters 
aforesaid ; and shall be disposed of by said committee or a majority 
of them, for the same purpose as the other forfeitures are to be aj^plied 
to by this act, so far as the proceeds of the sale shall not be necessary 
for the particular appropriations in this act. 

Sect. 3. Be it further enacted, That, in order to secure to said 
towns of Cambridge, Charlestown and Medford, their equal benefit 
from said fishery, the inhabitants of the town of Cambridge shall, 
within the limits of that town, have full right to catch with any kind 
of net, seine, or other fishing implement, any shad or alewives, on 
Monday, Tuesday and Friday, in every week, from the first day of 
March to the last day of June inclusively ; and the inhabitants of 
Charlestown and Medford shall, in like manner, in their respective 
towns, have full right to catch any shad or alewives, in the waters 



INLAND FISHERIES. 31 

aforesaid, on Monday, Wednesday and Frida}', in every week included 
in said term. 

Sect. 4. Be it further enacted, That an}' person being an inhabi- 
tant of either of those towns, shall, each in his own town, in the 
river, streams and ponds aforesaid, with any kind of fishing imple- 
ment, on those daA's only, which are, with respect, to each of said 
towns before mentioned, have the right of catching said fish, between 
sun-rising on said days before mentioned, until sun-rising on the next 
day ; and no obstruction, instrument or tool, shall be set, placed or 
used, for the purpose of hindering or catching of the fish aforesaid, 
in the waters aforesaid, till the sun shall be risen on said days ; nor 
shall any such instrument be permitted to remain or be used in said 
river, streams or ponds, after the rising of the sun as afore-mentioned ; 
and no such obstruction shall be allowed to be placed, used, or to 
remain in said river, streams or ponds, on any other days or times 
than is herein limited and prescribed ; under the same penalties and 
forfeitures, to be incurred by any and every person placing or using 
the same, as are provided b}" this act, to be forfeited and paid by per- 
sons catching said fish, except as this act provides. 

Sect. 5, Be it further enacted^ That, if any inhabitant of any 
other town shall, at any time, take or hinder shad or alewives, within 
the limits of either of said towns, without leave first obtained from 
the selectmen of the town in which he shall take or hinder those fish, 
or unless the person taking or hindering them, shall be immediately 
in the employ or service and laboring for the benefits of some inhabi- 
tant of such town ; every person so offending, shall, upon a due con- 
viction, forfeit and pay the same penalties and forfeitures, as by this 
act are provided against persons taking, obstructing or hindering said 
fish, at any other times than those particularly permitted. 

Sect. 6. Be it further enacted., That the said committee, or a 
majority of them, in their respective towns, shall have full authority 
to execute this act, so far as relates to seizing, removing, and selling 
any implements or tools, used for hindering, taking, disturbing or 
turning back the fish in said river, streams or ponds ; and in and 
after the execution of said trust, they shall not be considered as 
guilt}' of a trespass therein ; nor shall any action lie against them, or 
either of them, for any necessary damage done to the lands or fences 
of any person, in executing said trust ; but if the proceeds of the 
sale of said implements, or other materials, shall be found insufficient 
to defra}' all the necessary charges, and the reasonable fees of the 
committee, not exceeding four shillings to each committee-man, for 
each day so spent by him, and all reasonable and necessary assistance ; 
then the remainder of such damages and costs shall be recovered in 
an action of debt, to be brought by the persons to be benefited by the 



32 LAWS RELATING TO 

same ; whether committee-men, or persons owning lands or fences 
damaged, with all the costs of suit against the person committing the 
oi^ence, in an}' court proper to try the same, within the county of 
Middlesex. And the said committee, or any other person, may sue 
for and recover, upon due and legal convictiun, in any court proper 
to try the same, all penalties which shall arise, or become due in their 
respective towns, for any breach of this act, either upon action of 
debt, or upon indictment or information ; one-half of the penalty to 
accrue to the person recovering the same, the other half to be paid to 
the treasurer of the town where the offence was committed, for the 
use of the poor of the same town. 

Sect. 7. Be it further enacted, That all fines and penalties that 
maj' be incurred for a breach of this act, not exceeding four pounds, 
may be sued for and recovered before any justice of the peace for the 
count}' of Middlesex, saving the right of appeal, to an}' person ag- 
grieved by the sentence of said justice, to the court of general sessions 
of the peace, next to be holden for said count}'. 

This act to be in force for the space of five years, from the first day 
of March next, and no longer. — [February 16, 1789. 

[1820, 67.] 

[Sp. Laws, vol. 1, p. 180.J 
1789. 
An Act in addition to an Act passed the last year, entitled " An Act for the preserva- 
tion of the Fish called Alewives, in Mattepoiset River, in Rochester, in the County of 
Plymouth, and for regulating the taking the said Fish in the said River." 

Sp. Laws, vol. 1, p. 247. Whereas it is provided in and by the said 
act, that the owner or owners of each and every mill-dam on said river, 
shall make, provide and continue a sluice-way of three feet wide and 
eight inches deep, for the said fish to pass their respective dams, as 
low as the selectmen of the said Rochester shall judge convenient for 
the said fish to pass in ; and the selectmen of the said town of Roches- 
ter be authorized to open said sluice-ways on the second Monday of 
April, annually, in order to let the said fish pass the said dams. And 
whereas it is found, by experience, that the keeping of said sluice- 
ways shut till the second Monday in April, annually, greatly impedes 
the course of said fish : 

Sect. 1. Be it enacted, That from and after the passing this act, 
the selectmen of the said town of Rochester are hereby authorized, on 
any day between the last day of March and the second Monday of 
April, annually, to open the said sluice-ways, which, wlien opened by 
them, shall remain open until the twentieth day of May, annually, 
under the same penalty as is provided in said act, for said sluice-wavs 
being stopjied between the second Monday of April and the twentieth 
day of May. 



INLAND FISHERIES. 33 

Sect. 2. Be it further enacted, That, if an^- person shall presume 
to take an}' of said fish in the brook, leading out of Little Long Pond 
(so-called) into Sniptuet Pond, such person shall be subject to the 
same penalty as is provided in said act for taking fish in said Matte- 
poiset River at a time not allowed by the committee of said town to 
take said fish in said river. And whereas there is no provision made 
in said act to prevent persons taking said fish in said river, or by 
seines in a part of the harbor therein described, before the tenth day 
of April, aunuall}' : 

Sect. 3. Be it farther enacted, That if any person shall presume 
to take an}' of said fish in said river, or to stretch any seine in that 
part of the harbor into which said river empties which is described in 
said act, between the last day of March and the tenth day of April, 
annuall}^, such person or persons shall be subject to the same penalty 
as is provided by said act for doing the same between the tenth day 
of April and the twentieth day of May. 

Sfxt. 4. Be it farther enacted. That the inhabitants of the said 
town of Rochester, at a legal town-meeting warned for that purpose, 
may sell, or dispose of, on such terms and in such manner as they 
may think proper, the exclusive right of taking said fish in said river, 
for any number of days, not exceeding three in each week, no one 
sale to be for a longer term than one year. And, whereas, by reason 
of the swamp and thickets through which said river runs, it may be 
ver}- difficult to procure proof of the violations of this act, and the act 
to which this is an addition : Therefore, 

Sect. 5. Be it enacted, That if the committee of said town, or 
any member thereof, shall detect any person attempting to take said 
fish, on any day, in any place or in any manner other than is allowed 
by said committee, and said person has any of said fish in his or her 
custod}^, or if the said committee, or other member of said town, shall 
find any such fish in any person's custody, near to, or coming from 
said river, such person shall be deemed to have taken such fish 
illegally, and shall be subject to the penalties provided by this act,, 
and the act to which this is an addition, unless such person can give 
a satisfactory account how he or she came by such fish. 

Sect. 6. Be it farther enacted. That any member of the committee 
of said town of Rochester, appointed in consequence of said act, may 
bring forward an action of debt, for the recovery of the penalty or 
penalties provided in said act, or in this act, in his own name, and 
the name of the said town of Rochester, and shall be entitled to one- 
half the sum or sums so recovered, an^'thing in said act to the contrary 
notwithstanding. — [June 15, 1789. 

[Sp. Laws, vol. 1, p. 290; vol. 3, p. 91; 1810, ch. 60; 1814, 99; 1817, 136; 1820, 70; 

1829, 41.] 



34 LAWS RELATING TO 

An Act for reviving and continuing Sundry Laws that are expired or near expiring. 
Sp. Laws, vol. 1, p. 249. Whereas, the several acts hereafter 
mentioned, which are now expired, or near expiring, have been found 
nseful and beneficial, viz. : An Act made in the year of our Lord one 
thousand seven hundred and seventy-three, entitled " An Act for 
regulating the Alewive fishery in the town of Halifax, in the county 
of Plymouth." 

An Act regulating the taking of the Fish called Alewives, in the Town Brook, so called, 
in the Town of Plymouth.* 

Sp. Laws, voL 1, p. 250. Sect. 1, Be it enacted^ That said fish 
may be taken between the two grist-mills now standing on said 
brook, and shall not be taken in any other part thereof, and at such 
time or times only as a committee who may be appointed b^' said 
town, as is hereafter provided, may direct. 

Sect. 2. Be it f^irther enacted , That the inhabitants of said town 
of Plymouth, at their meeting for the choice of town officers in March 
or April annually, be and they hereby are authorized and directed to 
appoint five or seven persons a committee to oversee the taking said 
fish as aforesaid, which committee shall distribute the said fish taken 
by them, or under their direction, as equally as circumstances will 
admit, to such of the inhabitants of said town as may apply for the 
same, and for the fish so supplied and delivered the committee afore- 
said shall demand and receive, of the person or persons applying 
therefor, payment at such rate or rates as the inhabitants of the said 
town at their annual meeting in March or April may direct, excepting 
of such poor persons as may be named in a list annually to be made 
out by the selectmen of said town, and who, in the opinion of the 
selectmen, are unable to pay for the same, which list shall be given to 
the committee, and the person or persons borne on the same shall be 
supplied with such quantities of said fish, gratis, as the committee 
may think expedient. And the committee aforesaid shall have such 
allowance for their services as the inhabitants of said town, at the 
time of appointing said committee, shall determine, and shall annuall}', 
in the month of September next following their appointment, exhibit 
their accounts to the selectmen of said town for settlement and allow- 
ance, and pay the balance remaining in their hands, if an}', to the 
treasurer of the town of Plymouth, for the town's use. 

Sect. 3. Be it further enacted^ That the said committee, or the 
major part of them be and are hereby authorized and empowered to 
open any dam, or the sluice of any mill or other water-works erected, 
or that may be erected on or over said brook, at the expense of the 
owner or owners of such dam or sluice, provided such owner or owners 
• Extended to Fresh Pond Brook, June 25, 1798. 



INLAND FISHERIES. 35 

shall neglect to open the same when thereto required by said com- 
mittee, or the major part of them as aforesaid ; and the dam or sluice 
that may be so opened, shall continue open to such depth and width, 
and for so long a time, as the said committee, or the major part of 
them may judge necessary ; and if any person or persons shall obstruct 
the passage-ways allowed or ordered by said committee, or the major 
part of them, in any dam or sluice-way, or shall obstruct the passage 
of Said fish in any part of said brook than is permitted by this act, 
such person or persons so offending, shall forfeit and pay a sum not 
exceeding fifl}^ pounds, nor less than ten pounds. 

Sect. 4. Be it further enacted, That if any person or persons, 
other than the said committee, or such persons as shall be b}^ them 
employed shall take any of the said fish in the said brook, or any part 
of it, at any time, or by any ways or means whatsoever, each person 
so oflfending shall forfeit and pay a sum not exceeding forty shillings, 
nor less than ten shillings, for every such offence. 

Sect. 5. Be it further enacted, That all penalties incurred b}' the 
breach of this act may be sued for and recovered by the treasurer of 
the town of Plymouth, for the time being, in any court in the county 
of Plymouth proper to try the same ; and all sums so recovered shall 
be appropriated to the use of the said town ; and in case any minor 
or minors shall oflTend against any part of this act, and thereby' incur 
any or either of the penalties aforesaid, in all such cases the parents, 
master or guardians of such minor or minors shall be answerable 
therefor ; and in case of a prosecution of such minor or minors lor 
any such offence, the action shall be commenced against the parents, 
masters or guardians of such minor or minors, respectively, and judg- 
ment be rendered against any parent, master or guardian in such case, 
in the same manner as for his or their personal offence. 

Sect. 6. Be it further enacted, That no person by I'eason of being 
an inhabitant of said town, or one of said committee, shall be thereby 
disqualified from being a witness in any prosecution for a breach of 
this act. — [June 20, 1789. 

1790. 

An Act empowering the Town of Pembroke to regulate and order the taking and dis- 
posing of the Fish called Alewives, within the limits of the said Town. 

Sp. Laws, vol. 1, p. 269. Whereas the town of Pembroke, in the 
county of Plymouth, hath been at considerable expense and charge in 
opening a passage for the fish called alewives, from the sea into the 
ponds called the Indian Ponds, being wholly within the bounds of the 
said town, it is but reasonable and just that the ordering of the taking 
of the said fish, and the disposition of them, when taken, should be 
wholly vested in the said town. And whereas, an act heretofore 



36 LAWS RELATING TO 

made for that purpose has been found inadequate to the purposes 
thereby intended : 

Sect. 1. Be it enacted, That it shall and may be lawful for the 
inhabitants of the said town of Pembroke, at a meeting legally and 
regularlj' assembled for that purpose, from time to time, and at all 
times hereafter, to determine and order how, in what manner, by 
whom and at what place or places, time or times in the year, said flsh 
ma}^ be taken within the town aforesaid, and shall cause a copy of 
such order, attested by the town clerk, to be posted up in some public 
place in said town, whereunto all persons shall conform with regard 
to the taking and disposing of said fish, on penalty that the offender 
against the same shall forfeit and pay a sum not exceeding three 
pounds, nor less than forty shillings, for each offence, at the discretion 
of the justice before whom the same shall be tried. 

Sect. 2. Be it further enacted. That the inhabitants of the town 
of Pembroke shall be, and hereby are, empowered and directed annu- 
ally- to choose three or more persons, being freeholders in the said 
town, to see that this act be dul}' observed, agreeably to the directions 
of said town ; and each person so chosen shall be sworn faithfully to 
discharge the duties required of him b}' this act ; and the said com- 
mittee are hereby authorized and empowered to cause the natural 
course of the stream, through which the said fish pass, to be kept open 
and without obstruction, and to remove any such as maj' be found 
therein ; and the said committee, or either of them, shall have author- 
ity, for those purposes, to go on the land or meadow of any person 
through which such stream runs, without being considered as trespass- 
ers ; and any person who shall hinder or molest said committee, or 
either of them, in the execution of his or their office, or shall obstruct 
any passage-way in said rivers or streams within the said town of 
Pembroke, otherwise than may be allowed of by the said town, he or 
the}- shall forfeit and pay a fine for every such offence, not exceeding 
the sum of five pounds, nor less than three pounds. 

Sect. 3. Be it farther enacted, That if the committee, or either 
of them, shall detect any person or persons in attempting to take any 
of the said fish at anj- time, or in any place, or in any manner, other- 
wise than is allowed by the said town, or shall find such fish with such 
person or persons, the}^ shall be deemed to have taken the said fish 
unlawfully, and shall be subject to the penalties of this act accordingly^, 
unless such person or persons can make it appear on trial that they 
came by the said fish in some other way. 

. Sect. 4. Be it further enacted, That the said committee be em- 
powered, and are hereb}- empowered and authorized, to open the 
sluice-ways through any dam or dams that are or may be erected 



INLAND FISHERIES. 37 

within tlie town of Pembroke, on the stream leading out of the great 
ponds, at the expense of the owner. 

Sect. 5. Be it further enacted^ That no person shall be considered 
as disqualified from being a witness on ax\y trial that ma}^ be had 
pursuant to this act, on account of his belonging to or being an inhab- 
itant of the said town of Pembroke. 

Sect. 6. Be it further enacted^ That if an}- servant or minor shall 
be found taking an^^ of said fish in anywise contrary to this act, or 
contrary to the rules and orders of said town of Pembroke as aforesaid, 
the parents, masters or guardians of such minors or servants shall be 
liable for the fines and forfeitures incurred by a breach of this act, or 
the rules and orders of the town aforesaid. 

Sect. 7. Be it farther enacted, That in case an}' poor or indigent 
person or persons shall be found taking any of the said fish contrary 
to this act, or contrary to the rules and orders of said town of Pem- 
broke, it shall be lawful for the committee or overseers of said brook, 
chosen as aforesaid, to take from such poor or indigent person or per- 
sons their net or nets, with which they may be found taking said fish, 
and detain them in their custody for the space of one month, or until 
they do appear and pay the fines and forfeitures arising by the breach 
of this act and the orders of the town aforesaid ; and in case the said 
poor person or persons do not appear and pay the fines and forfeitures 
as aforesaid, within one month as aforesaid, the said net or nets shall 
be forfeited to and for the use of the poor of the said town of Pem- 
broke. 

Sect. 8. Be it further enacted. That no person or persons, at any 
time between the first day of April and the fifteenth day of June an- 
nuall}-, shall enter the river commonly called and known by the name 
of Barker's River, above where said river adjoins to Indian Head 
River, so called, with an intent to drive, seine or otherwise disturb 
the fish in said river where the tide ebbs and flows, on penalt}' of five 
pounds for each off"ence, to be recovered in manner hereafter men- 
tioned. 

Sect. 9. Be it further enacted, That no person or persons shall 
presume to set, draw or cast any seine, drag or set-net, of any dimen- 
sions whatsoever, in the North River, so called, except on the Monday 
and Friday of each week, and that between the sun's rising and setting 
of each day ; and that no seine, drag or set-net shall be set, drawn or 
cast in said river above what is commonlj* called and known by the 
name of the Third Herring Brook, or Smelt Brook. 

Sect. 10. Provided, nevertheless, That the inhabitants of the sev- 
eral towns adjoining the said river are hereby permitted and allowed 
to set set-nets or scoop-nets at North River Bridge, so called, on the- 



38 LAWS KELATING TO 

Monda}' and Friday evenings of the said da3^s in each week, from 
eiglit of the clock in the afternoon to ten of the clock in the evening 
of the same da}', between the first day of April and the fifteenth day 
of Ma}' annuall}', on the penalty of five pounds for each offence. 

Sect. 11. Be it fiirther enacted, That all fines and forfeitures 
accruing for any breach of this act shall be oue half to the use of the 
poor of the said town of Pembroke, and the other half to him or them 
who shall sue and prosecute for the same, to be recovered by action of 
debt in an}' court proper to try the same. And all former laws here- 
tofore made for the regulation of the alewive fishery in the town of 
Pembroke, are hereby repealed. — [February 26, 1790. 

[Sp. Laws, vol. 1, p. 236; 1811, 72; 1814, 128; 1840, 45; 1848, 116; 1853, 350; 1856, 83; 

1865, 47.] 

[Sp. Laws, vol. 1, p. 10.] 

An Act to regulate the catching of Shad, Salmon and Alewives, and to prevent Obstrnc- 
tions in Merrimack River, and in the otiier Rivers and Streams running into the same, 
within the Commonwealth, and for repealing several Acts heretofore made for that 
purpose. 

Sp. Laws, vol. 1, p. 272. Sect. 1. Be it enacted, That an act 
passed in the year of our Lord one thousand seven hundred and 
eighty -three, entitled " An Act to regulate the catching Salmou, Shad 
and Alewives, and to remove and prevent obstructions in Merrimack 
River, and in the other rivers and streams running into the same 
within tliis Commonwealth, and for repealing several acts heretofore 
made for that purpose," together with the several subsequent acts in 
addition thereto, be and are hereby repealed, except so far as may 
relate to any action, indictment or information which have been 
already commenced for the breach of the same. 

Sect. 2. Be it further enacted. That no person or persons what- 
ever be allowed, from and after the passing this act, to catch any 
salmon, shad or alewives in any part of the Merrimack River, or in 
any river or stream centering to and running into the same, within 
this Commonwealth, oftener or more than three days in a week, tlie 
days to be Monday, Tuesday and Wednesday in each week, and from 
sunrise on Monday morning to sunrise on Thursday morning. And 
if any person or persons shall catch any salmon, shad or alewives in 
Merrimack River, or any river or stream centering to or running into 
the same, or shall drag any seine or drag-net, or set any net or pot, or 
use any other machine for the purpose of catching any of the said fish 
in the said rivers and streams, and within this Commonwealth, at any 
other time or place than by this act is allowed, each and every person 
so offending shall forfeit and pay for each offence a fine not less than 
thirty sliillings, nor more than four pounds, at the discretion of the 
court before which trial shall be had, according to the aggravation of 



INLAND FISHERIES. 39 

the offence, and the seine, net, pot or other machine so used shall 
be forfeited. 

Sect. 3. Be it further enacted, That if an}' person or persons shall 
erect any obstruction or incumbrance in or across the said Merrimack 
River, or in an}^ of the rivers or streams running into the same, or 
continue such as are already erected, so as to prevent the free passage 
of tlie said fish up and down the said rivers and streams, he or they 
80 offending shall forfeit and pay a fine of twenty pounds. 

Sect. 4. Be it farther enacted, That no person or persons, from 
and after the passing of this act, shall at any time catch any salmon, 
shad or alewives with seines, nets, pots or in an}^ other way, at the 
mouth or entrance of the aforesaid streams or rivers (or within 
eight}' rods of the same, up such rivers or streams, nor in the mouth 
of Concord River below Tyler's or Spaulding's mill-dam), in which 
such fish usuall}' go up to cast their spawn, nor in any pond from 
which such rivers or streams proceed, nor in any brook or rivulet that 
run into such ponds ; and an}^ person or persons so offending shall 
for each offence forfeit and pay a fine not less than thirty shillings, 
nor more than four pounds, at the discretion of the court before which 
trial shall be had, according to the aggravation of the offence; and 
the seine, net, pot or other machine used in catching the same shall 
be forfeited. 

Sect. 5. Be it farther enacted, That if any person or persons 
shall fish with a seine or net exceeding eighteen rods in length, or 
extend more than one seine or net on the same fishing ground, at 
cne and the same time, he or the}' shall for each offence forfeit and 
pay a fine of four pounds, and such seines or nets shall be forfeited. 

Sect. 6. Be it further enacted. That from and after the passing 
this act, every town in this Commonwealth bordering on Merrimack 
River, and in which there are any ponds, rivers or streams centering 
to or emptying themselves into Merrimack River, where salmon, 
shad or alewives do or would (if not obstructed) go up to cast their 
spawn, shall at their annual meeting in the month of March or April 
annually, choose by ballot, at least four suitable and fit persons as 
fish-wardens, whose dut}' it shall be jointly and severally to see that 
this act, and the act for keeping open sluice-ways in dams, be carried 
into effect, and to inform against any person or persons that shall 
offend against the said acts, and to examine and measure seines and 
nets used in catching the said fish, and to see that all obstructions in 
the rivers and streams aforesaid be removed, and to prosecute all 
breaches of the said acts. And all persons chosen fish-wardens 
as aforesaid shall be sworn to the faithful discharge of the duties of 
their office ; and when so sworn, they shall have power to pursue, and 
they are hereby authorized to pursue and execute the duties of their 



40 LAWS RELATING TO 

said office, in any town or place wkhin this Commonwealth where this 
act can operate or have force. And if an}^ person chosen as aforesaid 
shall refuse or neglect to be sworn to the faithful discharge of the 
duties of the said office, he shall forfeit and pay a fine of forty 
shillings for the use of the poor of such town, to be recovered by 
the town treasurer ; and such town shall proceed to a new choice, 
and so toties qaoties. And an}- person who shall prevent any 
fish-warden from measuring any seine or net which shall be used 
for the purpose of taking fish in the said rivers and streams, shall 
forfeit and pay the sum of four pounds. And if anj' of the towns 
aforesaid shall neglect to choose fish-wardens annually, agreeabl}' to 
the true intent of this act, such town shall forfeit and pa}' a fine of 
fifty pounds, for the use of the county in which such delinquent town 
lies. 

Sect. 7. Be it further enacted, That if anj^ fresh salmon, shad or 
alewives shall be found with or in the possession of any person or 
persons whatever within three miles of any of the said rivers or streams, 
and within this Commonwealth, at an}- other time than that allowed by 
law for catching the said fish in the said rivers and streams, such 
person or persons shall be held and accounted in law to be guilt}' of 
catching such fish contrary to the true intent and meaning of this act, 
and shall pa}' a fine accoixlingly ; unless such person or persons shall 
make oath in the court before whom the trial is had, that the said fish 
were actually caught within the time allowed by law for catching the 
same, or make proof who was the person or persons that caught such 
fish, or who sold the same. 

Sect. 8. Provided, always, That every justice of the peace to 
whom complaint shall be made against any person or persons for 
having in his or their possession any fresh shad, salmon or alewives, 
as aforesaid, shall, before he issues bis warrant against the person or 
persons claimed of, cause the complainant to make oath to his com- 
plaint, and that he really believes such fish were caught at a time 
prohibited by law for catching the same. 

Sect. 9. And be it enacted, That any of the said fish-wardens, 
grand jurors, sheriffs, deputy sheriffs, or constables, shall have a right 
to seize any seine, net, pot or other machine, employed in any of the 
said rivers or streams for the purpose of catching the said fish at any 
other time or place than such as are allowed by this act. And any 
person or persons that shall prevent such fish-warden, grand juror, 
sheriff, deputy sheriff, or constable, from such seizure, or shall rescue 
any seine, net, pot or other machine from such officer, when seized, 
shall, on conviction thereof before a justice of the peace, pay a fine 
not less than thirty shillings nor more than four pounds, and shall be 



INLAND FISHERIES. 41 

liable to answer to the seizing oHicer, in an action of trespass, for 
double the value of such seine, net, pot or other macliine. 

Sect. 10. Be it further enacted, That when any seine, net, pot or 
other machine shall be emploj'ed for the purpose of catching fish, at 
anj^ time or place not allowed b3' this act, and shall be seized by any 
of the officers aforesaid, it shall be the duty of such officer to give 
information to some justice of the peace within the county wherein 
such seine, net, pot or other machine was found employed as afore- 
said ; a copy of which information, containing the times when and 
the place where such seine, net, pot or other machine was seized, 
shall, by order of such justice, be posted up in some public place in 
each of the two towns next adjoining the place where such seine, net, 
pot or other machine was seized ; and also a notification to all persons 
interested in such seine, net, pot or other machine, to appear before 
the said justice, at a time therein named (which shall be within four- 
teen da3-s, and shall not be less than seven days from the time of 
posting up the notification), to show cause, if any they have, why 
such seine, net, pot or other machine should not be forfeited ; and if, 
upon trial, the claimer or claimers shall produce sufficient evidence 
that he and they were ignorant of the unlawful use of their seine, 
net, pot or other machine, and shall give information of the person or 
persons unlawfully using the Same, the seine, net, pot or other ma- 
chine, seized as aforesaid, shall be restored to the claimer or claimers 
thereof. And the person or persons convicted of using the same 
without the consent of the owner, shall, in addition to the pe'nalty 
in this act provided for fishing on days not herein allowed of, pay 
another fine of twenty shillings each, or suflfer imprisonment in the 
common gaol, not exceeding twenty days ; but in all cases where the 
owner or owners shall not produce evidence of the person or persons 
ofljending, their seine, net, pot or other machine shall be adjudged 
forfeited. 

Sect. 11. Be it enacted, That on complaint, made to any justice 
of the peace for the county where any offence against this act shall 
be committed, against any person or persons for breach of this act, 
or upon view of any justice of the peace, such justice is hereby 
empowered to issue his warrant, directed to a proper officer, to 
apprehend such offender or offenders, and bring him or them before 
him, or some other justice of the peace in the same county, to answer 
for the offence. 

Sect. 12. Be it further enacted, That all fines and forfeitures, 
incurred by breach of this act, where the fine, exclusive of the net, seine, 
pot or other machine used in such breach, doth not exceed four pounds, 
shall be recovered before any justice of the peace in the count}' where 
the offence is committed ; an appeal being allowed, to either party, to 



42 LAWS RELATING TO 

the court of general sessions of the peace, next to be holden in and 
for the same count}' : jirovided, such appeal is claimed in open court, 
within one hour after judgment is declared ; provided, also, that the 
appellant recognize with sufficient sureties to prosecute his appeal to 
effect, and abide the final judgment thereon ; and the justice shall 
bind over the witnesses against such offending person or persons ; 
and in case of conviction before the justice, and no appeal had, the 
person or persons so convicted, shall, upon neglect to pay to the 
justice the fine so laid on him or them, and legal costs, be committed 
to the gaol of the countj^ there to remain until payment be 
made ; and all fines, upwards of fuur pounds, exclusive of the 
seine, net, pot or other machine, shall be recovered by bill, plaint or 
information in any court within this Commonwealth proper to tr}' the 
same. 

Sect. 13. Be it enacted, That it is hereby made the duty of all 
grand jurors, sheriffs, deputy sheriffs and constables, diligently to 
inquire after and dul}' to prosecute all breaches of this act. And the 
testimony of any fish-warden, duly chosen and sworn as aforesaid, 
grand jurors, sheriff, deput}- sheriff or constable under oath, in 
court, shall be sufficient evidence to convict an}' person of a breach 
of this act, unless such testimony be invalidated by other sufficient 
witnesses. 

Sect. 14. And be it enacted, That all fines and forfeitures in- 
curred by breach of this act, not otherwise appropriated, shall enure, 
one moiety thereof to the poor of the town where the offence shall be 
committed, and the other moiety to him or them who shall make 
information of the same. 

Sect. 15. Provided, always. That the said fish may be taken in 
the mouth of Concord River, with nets and seines, below Tyler's and 
Spaulding's mill-dam, two da3*s in a week, the da3's to be Tuesday 
and Wednesday, from sunrise on Tuesday to sunrise on Thursdav. 

Sect. 16. And be it enacted. That the fish officers which may be 
chosen, by virtue of the acts which this act repeals, by any town prior 
to their knowledge of this act, shall have and exercise the same powers 
as are delegated to fish-wardens by this act. — [March 4, 1790. 

[Sp. Laws, vol. 1, pp. 442, 511; vol. 2, p. 35; vol. 3, pp. 43, 441, 577; 1806, 28; 1808, 
94; 1811, 175; 1812, 84; 1819,4,20; 1820,22, 70; 1822, 75; 1832, 56; 1846, 92; 1856, 
289; 1865, Res. 45; 1866,238; 1867, 289; 1869, 422; 1872, 235; 1874, 144; 1876,50; 
1881, 103, 104; 1882, 166; 1883, 31, 121; 1884, 317-1 



INLAND FISHERIES. 43 

[Sp. Laws, vol. 1, p. 269.] 

An Act for the Preservation and Increase of the Fish called Alewives, in Acquesnet 
River, in the town of New Bedford, in the County of Bristol, and for regulating the 
taking the said Fish in the said River. 

Sp. Laws, vol. 1, p. 283. Sect. 1. Be it enacted. That the owner 
or owners of each and every mill-dam on the said river, shall make, 
provide and continne a sluice-way of two feet wide and eight inches 
deep, for the said fish to pass their respective dams, as low as the 
selectmen of the said town of New Bedford shall judge convenient for 
the said fish to pass in ; and the selectmen of the said town of New 
Bedford are hereby authorized, on the second Monday- of April, annu- 
ally, to open the said sluice-ways, which, when opened by them, shall 
remain open until the twentieth day of May, annually ; and the owner 
or owners of any dam on the said river, who shall neglect or refuse to 
make, provide and continue a sluice-way as aforesaid, or who, after 
such sluice-wa}' is opened as aforesaid, shall shut or obstruct the same 
during the term the said sluice-way is to be kept open as aforesaid^ 
shall forfeit and pa}' the sum of forty pounds for each offence. 

Sect. 2. Be it further enacted, That the said town of New Bed- 
ford, at their annual meeting for the choice of town officers, in the 
months of March or April, annually, are hereby authorized to choose 
a committee, consisting of not more than twelve nor less than three 
suitable, discreet persons, for inspectors of the said river ; whose 
duty it shall be, within four days after their appointments, to post up, 
in four public places in the said town nearest the said river, a notifi- 
cation, under their hands, or the major part of them, pointing out 
the times when and places where the said fish may be taken in the 
said river ; and if any person shall pull down or deface such notifica- 
tion, he or she shall, for each offence, forfeit and pay ten shillings ; 
and if such committee shall neglect or refuse to post up such notifica- 
tion within the said term of four days, such committee shall forfeit 
and pay ten shillings ; and any person who shall presume to take any 
of the said fish, in the said river, except at the times and places 
appointed by the said committee, as aforesaid, shall forfeit and pay 
three pounds for each offence. 

Sect. 3. Be it further enacted, That if any person or persons 
shall make any wears or other obstructions to hinder the passage of 
the said fish up the said river, each person so offending shall forfeit 
and pay the sum of four pounds ; and any person who shall take or 
catch any of the said fish in the said river with any other instrument 
than a dip net, shall forfeit and pay forty shillings for each oflfence. 

Sect. 4. Be it further enacted, That all the forfeitures mentioned 
in this act shall accrue to the said town of New Bedford, to be recov- 
ered by the treasurer of the said town, in an action of debt, in any 



44 LAWS RELATING TO 

court proper to try the sa,rae ; and no person shall be considered as 
disqualified from giving evidence in an\^ such action, on account of 
his living in or being an inhabitant of the said town of New Bedford. 
Sect. 5. Be it further enacted^ That an3' agreement which may be 
made and entered into, between the said town of New Bedford and the 
owner or owners of any dam on the said river, with regard to the 
premises, shall be good and valid in law. — [June 19, 1790. 

1791. 

[Sp. Laws, vol. 1, p. 185.] 

An Act to repeal in part an Act, entitled " An Act to prevent the Destruction of Fish 

called Shad and Alewives, in Ten and Three Miles Rivers, in the County of Bristol."* 

Sp. Laws, vol. 1, p. 287. Whereas the act entitled "An Act to 
prevent the destruction of fish called shad and alewiwes, in Ten and 
Three Miles Rivers, in the County of Bristol," appears not to be of 
public utility, so far as the same act respects the said river called 
Three Miles River : 

Sect. 1. Be it therefore enacted^ That the said act to prevent the 
destruction of the fish called shad and alewives, in Ten and Three 
Miles Rivers, shall be and the same is hereby repealed and declared 
null and void, from the time of passing this act, as to all matters 
therein required or authorized to be done respecting the river called 
Three Miles River, saving onlj', that all acts and doings heretofore 
lawfully performed by virtue of the said act shall and may be justified 
thereb}', this repeal notwithstanding. — [Feb. 11, 1791. 

[Sp. Laws, vol. 1, p. ISO.] 

An Act for the more effectual Carrying into Execution the Laws regulating the Alewive 

P'isliery in Mattepoiset River, in the Town of Rochester, f 

Sp. Laws, vol. 1, p. 290, Sect. 1. Be it enacted. That each and 
ever}' person who, according to law, shall be chosen an inspector of 
Mattepoiset River, shall, within six days after his being notified by a 
constable of the town of Rochester of his being so chosen, take the 
following oath before the clerk of said town, or some justice of the 
peace for the county of Plymouth, viz. : 

You, A. B., being chosen an inspector of Mattepoiset River for the 
year ensuing, do swear that you will prosecute all breaches of the laws 
for the regulating the alewive fishery in said river, the year ensuing, 
which shall come to 3'our knowledge. So help you God. 

Sect. 2. Be it further enacted, That if any person who shall be 
chosen an inspector of said river, as aforesaid, shall neglect to take 
said oath for tlie space of six days after he is notified of his being so 
chosen as aforesaid, he shall forfeit to the use of the said town of 
Rochester thirty shillings, to be recovered by the treasurer of said 

* March 10, 1788. f June 15, 1789, and March 1, 1788. 



INLAND FISHERIES. 45 

town in an action of debt, in any court proper to try the same. — 
[Feb. 23, 1791. 

[Sp. Laws, vol. 3, p. 91 ; 1810, 60; 1814, 99; 1817, 136; 1820, 70; 1829, 41 ; 1865, 183.] 

An Act for regulating the Fishery in Connecticut River. 
Sp. Laws, vol. 1, p. 296. Sect. 1. Be it enacted, That no person 
or persons shall, between the fifteenth day of March and the fifteenth 
day of June, in au}' 3'ear, set or draw any seine or seines, or an}' other 
machine, for the purpose of catching fish in Connecticut River, or in 
an}' river or stream falling into the same, from the rising of the sun 
on Saturday morning until the rising of the sun on Tuesday morning. 
And every person that shall be convicted of any breach of this act 
shall forfeit the sum of ten pounds, and also the value of tlie seine 
and other machines or utensils used in fishing as aforesaid, to be 
recovered by any person who shall sue for the same before any court 
having jurisdiction thereof. And all acts heretofore made for regulat- 
ing tlie fishery in the rivers and streams aforesaid are hereby repealed. 
[March 7, 1791. 

[Sp. Laws, vol. 1, p. 518; vol. 2, p. 154; 1812, 103; 1818, 157; 1835,137; 1852,122; 
1864, 62; 1865, Res. 45; 1866, Res. 80; 1866,238; 1868, 130; 1869, 422; 1870, 369; 
1874 144; 1875,39; 1878, 124; 1881,47, 103] 

1792. 

An Act to regulate the taking of Fish called alewives in the Town of Middleborough, in 
the County of Plymouth, and for repealing a certain Law made for that purpose, in 
the year of our Lord one thousand seven hundred and forty-nine. 

[Additional Acts July 8, 1798; Jan. 21, 1802. Repeals Act of 1749; revived and made 
perpetual March 7, 1797. Again repealed June 22, 1797. The Act 1764 made perpet- 
ual March, 7, 1797.) 

Sp. Laws, vol. 1, p. 313. Whereas the laws already made for 
regulating the taking fish called alewives, at the places called the Old 
Stone Ware and Assawomset Brook, in said town, are found incon- 
venient. For remedy whereof. 

Sect. 1. That from and after the passing this act, it shall and 
may be lawful for the inhabitants of said town, annually, to farm or 
hire out the privilege of taking said fish at the place called the Old 
Stone Ware, and at such place in Assawomset, in said town, as the 
inhabitants thereof shall vote and order, to such person or persons as 
shall appear to give most for said privilege, four days in a week, at 
said Stone Ware, viz. : Tuesday, Wednesday, Thursday and Fri- 
day ; and at Assawomset Brook three days in a week, viz. : Mon- 
day, Tuesday and Wednesday, beginning at midnight preceding 
Tuesday, and ending at midnight succeeding Friday, at said Stone 
Ware, and at midnight preceding Monday, and ending at midnight 
succeeding Wednesday, at said Assawomset Brook; said fish to be 



46 LAWS RELATING TO 

taken at said Stone Ware with scoop-nets only ; and at said Assa- 
womset Brook with scoop-nets or set-nets on!}'. 

Sect. 2. Be it further enacted, That the purchasers of said privi- 
lege shall not ask or receive for said fish when taken, more than one 
shilling per hundred,* and in that proportion for a greater or smaller 
quantity ; and that the purchasers of said privilege shall be obliged 
to sell said fish at that rate, at all times when they shall have any on 
hand, when applied to, upon the penalty of five pounds, to be recovered 
by action of debt, in any court proper to try the same, for each neg- 
lect or refusal ; one moiety thereof to the use of the poor of said town, 
and the other moiety to the use of any person who shall prosecute for 
the same ; and it shall be the duty of the inhabitants of the said town, 
annually, to provide for such of the poor inhabitants thereof as shall 
be unable to procure them for themselves, such quantities of said fish 
as shall be thought necessary, who shall receive the same gratis ; 
and in order thereto. 

Sect. 3. Be it further enacted, That said inhabitants shall choose 
a committee of nine discreet, judicious men, one in each constable's 
district in said town, in the fall of the year annually, who shall report 
to the overseers of the poor of said town, previous to the ensuing 
spring, the number and names of such poor inahbitants, the number 
in each famil}', and their situation ; and it shall be the duty of such 
overseers to apportion to every such family such quantity of said fish 
as the}' in their discretion shall think necessary, and shall draw 
their orders on the purchasers of said privilege for the same, which 
orders shall be taken and received by said purchasers, equal to 
money, and shall be received of them b}' the treasurer of said town 
equal to money, in discharge of the purchase mone}' of the privilege 
aforesaid. 

Sect. 4. Be it further enacted. That any person who shall pre- 
sume to take anj'^ of the said fish in any other wa}', at an}' other time, 
or any other place in said river or brook, or any parts or dependencies 
thereof, than those prescribed b}' this act, every person concerned there- 
in shall forfeit and pay for each offence the sum of fort}' shillings, to 
be recovered by action of debt in any court proper to try the same, 
one moiety thereof to the treasurer of said town for the use of the 
poor thereof, and the other moiety to the party who shall sue therefor. 

Sect. 5. Be it further enacted, That the scoop-net, or other instru- 
ment by which any person shall take or attempt to take any of said 
fish contrary to the true intent and meaning of this act, shall be for- 
feit, and any other person shall have liberty to seize and secure the same 
to his own use ; and if said scoop-net or other instrument, forfeited 
as aforesaid, shall be carried away, concealed or withheld, so that 
* The price fixed by this Act repealed Feb. 8, 1798. 



INLAND FISHERIES. 47 

the party attempting cannot take or come at the same, said party 
so attempting to take said instrument may sue for and recover the 
value thereof in a special action of the case, before any court having 
proper jurisdiction thereof, against the owner or possessor thereof to 
his own use. 

Sect. 6. Be it further enacted, That if anj' person shall be found 
near said river or brook, or going from thence, with any quantit}' of 
said fish exceeding sixty in number, which are suspected to have been 
taken in violation of this act, it shall be the duty of every person who 
shall then suspect said fish to have been taken illicitly to examine the 
possessor thereof respecting the means of his procuring them ; and if 
he cannot make it appear that he came by them legally, he shall for- 
feit the whole of said fish that he shall so be possessed of, to be 
recovered in the same waj' and manner as scoop-nets and other instru- 
ments are recovered, as provided in this act, and be subject to the 
penalt}^ of forty shillings for taking fish contrary thereto, to be recov- 
ered in the same way as is herein before provided in that particular ; 
and to prevent difficulty and unnecessary expense to persons pur- 
chasing said fish, it shall be the duty of the clerk of, or some one of 
the purchasers of said privilege to give a certificate under his hand, 
to all persons who purchase any quantit}^ of said fish, exceeding sixty 
in number, of the time when, and the place where, and the quantity 
purchased, and his producing said certificate shall be evidence of his 
obtaining said fish legally. 

Sect. 7. Be it further enacted, That if any children or servants 
shall oflEend against this act, unless their parents, masters or guardi- 
ans, or some other person in their behalf, shall pay the penalty- set 
against such offenders within twelve hours after notice being given 
them of such offence, such children or servants shall be proceeded 
against by complaint before any justice of the peace in and for said 
count}^ and upon conviction thereof shall be committed to the house 
of correction, there to remain not less than five nor more than twenty 
days, according to the nature of said offence, in the judgment and at 
the discretion of the court or justice before which said conviction may 
be had. 

Sect. 8. Be it further enacted, That all persons not otherwise dis- 
qualified shall be considered and taken to be competent and legal wit- 
nesses in any prosecution upon this act, the}' being inhabitants of said 
town of Middleborough, notwithstanding. 

Sect. 9. Be it further enacted, That an act passed in the year of 
our Lord seventeen hundred and forty-nine, entitled "An Act to pre- 
vent the unnecessary destruction of alewives in the town of Middle- 
borough," be and hereby is repealed. 

Sect. 10. Provided, nevertheless, That no clause in this act shall 



48 LAWS RELATING TO 

extend to or be considered so as to effect an act passed in the 
year of our Lord seventeen hundred and sixty-four, entitled "An 
Act in addition to an act entitled 'An Act to prevent the unnecessary 
destruction of ale wives in the town of Middleborough.'" — [Jan. 30, 
1792. 

[Sp. Laws, vol. 2, pp. 192, 469; 1815, 111 ; 1819, 137.] 

[Sp. Laws, vol. 1, p. 269.] 

An Act for regulating the taking the Fish called Alewives, in their passage up Indian 
Head River, so called, between the Towns of Pembroke and Hanover, in the County 
of Plymouth, into a pond in said Town of Pembroke, known by the name of Indian 
Head Pond. 

Sp. Laws, vol. 1, p. 326. Sect. 1. Be it enacted^ That there shall 
be sluice-ways made and opened through, or passage-wa3's made round 
all and each of the dams standing on or across the river aforesaid, 
sufficient in the judgment of the major part of the committee or com- 
mittees of the aforesaid towns of Pembroke and Hanover, to be chosen 
as is hereafter provided, for the passage of the said fish up the said 
river to the aforesaid Indian Head Pond, in the town of Pembroke. 

Sect. 2. Be it enacted^ That the owner or owners of the several 
dams that now are, or hereafter may be erected on said Indian Head 
River, shall make and provide such sluice-ways or passage-wajs as 
are by this act required to be opened and kept open from the tenth 
day of April to the twentieth day of May annuall}^ 

Sect. 3. Be it further enacted. That if any owner or owners of 
an}' dams that now are, or may hereafter be erected on or across said 
river, shall refuse or neglect to open and keep open such good and 
sufficient sluice-way or passage-way for the term aforesaid, he shall 
forfeit and pay the sum of Miy pounds, to be recovered by action of 
debt in any court proper to tr^^ the same, one moiety to him or them 
that shall sue and prosecute for the same, and the other moiety to the 
aforesaid towns of Pembroke and Hanover. 

Sect. , 4. Be it further enacted, That the towns of Pembroke and 
Hanover, at their respective town-meetings for the choice of town 
officers, in the month of March or April annuallj-, shall choose at 
least three persons, freeholders in each of said towns, who shall be a 
committee to carry this act into effect, an}^ four of whom shall be a 
quorum, and shall be sworn as other town officers are, to the faithful 
discharge of the duties of their office ; and if any person chosen as 
aforesaid, and accepting of the said trust, shall neglect to take an 
oath as aforesaid within seven daj's from his being so chosen, he shall 
forfeit and pay the sum of ten shillings ; or being chosen and sworn, 
if he shall neglect to perform his duty he shall forfeit and pay the 
sum of five pounds ; the said forfeitures to be sued for and recovered 



INLAND FISHERIES. 49 

by the treasurer of the town where such offender belongs, for the use 
of such town. 

Sect. 5. Be it further enacted^ That any three of said committee 
shall have full power and authority to open, or cause to be opened and 
kept open, such sluice or passage-ways at the expense of the owner 
or owners of any dam or dams that now are, or hereafter may be 
erected on or across said stream or river : provided^ said owner or 
owners shall refuse or neglect to open the same by the tenth day of 
April annually. And said committee are hereby empowered to remove 
all and every obstruction to the passage of said fish up or down said 
river, that may be in or across the same ; and if, for the purposes 
mentioned in this act, it shall be necessary for said committee, or 
either of them, to go on the land of any person or persons through 
which said river runs, it shall not be deemed a trespass ; and if any 
person or persons shall hinder or molest said committee, or either of 
them, in the execution of his or their office, the person so offending 
shall forfeit and pay a sum not exceeding twenty shillings, nor less 
than ten shillings, to be sued for and recovered by and to the use of 
the officer against whom the offence is committed ; and said com- 
mittee shall not be liable to prosecution for any doings in the neces- 
sary discharge of the duties of their office. 

Sect. 6. Be it further enacted, That the time when and the places 
where said fish shall be taken in said river, or any brook or stream 
discharging into said Indian Head River or Pond, shall be agreed 
upon by and be under the regulations of the committees of the said 
towns of Pembroke and Hanover, or the major part of them : provided, 
the said committee shall not authorize the taking said fish more than 
three days in a week in any of the places before mentioned ; and the 
said committee shall post up notifications in two of the most public 
places in each of the said towns of Pembroke and Hanover, specifying 
the times and places when and where said fish shall be taken, six days 
at least before the said tenth day of April annually. 

Sect. 7. Be it further enacted, That if any person or persons 
shall presume to take any of said fish, on the river or streams afore- 
said, in any other way or manner than such as shall be directed by 
the aforesaid committee, or the major part of them, he shall forfeit 
and pay a sum not exceeding three pounds nor less than forty shil- 
lings, at the discretion of the justice before whom the same shall be 
tried ; one moiety to him who shall prosecute and sue for the same, 
and the other moiet}^ to the use of said towns of Pembroke and 
Hanover. 

Sect. 8. Be it further enacted. That no person shall be disqualified 
from being a witness on any trial that may be had pursuant to this^ 
act, on account of his being an inhabitant of or belonging to either 



50 LAWS RELATING TO 

of the said towns of Pembroke or Hanover. And if any person or 
persons shall be found having said fish in his or their possession, and 
there be reasonable grounds of suspicion that such person or persons 
took said fish unlawfully, he or they shall be subject to the penalties 
of this act, unless sufficient evidence be adduced that said fish were 
taken agreeably to the spirit and meaning of the same. — [Feb. 22, 
1792. 

[1811,72; 1859,90.] 



An Act to enable the Town of Framingham to regulate and order the taking of the Fish 
called Shad and Ale wives, within the limits of said Town. 

Sp. Laws, vol. 1, p. 352. Sect. 1. Be it enacted, That from and 
after the publication of this act, it shall and maj' be lawful for the 
Inhabitants of the said town of Framingham, at their annual meeting 
in March or April, during the continuance of this act, to determine 
and order in what manner and by whom the said fish called shad and 
alewives may be taken within the limits of said town. And the said 
inhabitants shall cause a copj' of such order, attested b}' the town 
clerk, to be posted up in some public place in said town ; whereunto 
all persons shall conform with respect to the taking said fish called 
«had and alewives, within said town of Framingham, on penalty that 
each and every oflTender against the same shall forfeit and pay the sum 
of twenty shillings, to be sued for and recovered before an}' court 
proper to try the same ; one moiety to the informer, and the other 
moiety to the poor of said town of Framingham. 

Sect. 2. Be it farther enacted. That any of the inhabitants of the 
said town of Framingham, not concerned in violating this act, shall 
and ma}^ be admitted as witnesses to testify in any action that may 
be brought for the above penalty ; they being inhabitants of said 
town notwithstanding. — [March 8, 1792. 

[1821, 15,] 

An Act to prevent the Catching of Fish in the Mouth of Agawam River. 

Sp. Laws, vol. 1, p. 353. Sect. 1. Be it enacted, That from and 
after the first day of April next, no person or persons be allowed to 
catch any salmon, shad or alewives, with seines, nets, pots or in any 
other way, in any part of said river within one mile of the mouth or 
entrance thereof into Connecticut River. And if any person or per- 
sons shall presume to take or catch any fish in the said Agawam 
Eiver, contrary to the true intent of this act, each person so offending 
shall, for each offence, forfeit and pay a fine of four pounds. 

Sect. 2. Be it further enacted, That all nets or seines used in tak- 
ing fish as aforesaid, shall be and hereb}- are forfeited to any person 
or persons who shall seize the same, to his or their own use. 

Sect. 3. Be it further enacted, That all fines and forfeitures in- 



INLAND FISHERIES. 51 

curred by any breach of this act shall and may be sued for and 
recovered, by action of debt or information, before any justice of the 
peace within the county of Hampshire ; one half of such fines shall 
enure to him or them who shall sue or prosecute for the same, and 
the other half to the poor of the town where the offence shall be 
committed. — [March 8, 1792. 

[1813, 147; 1826, 100; 1838, 19; 1844, 65; 1853, 377.] 

An Act in addition to an Act passed February the twenty-second, one tliousand seven 
hundred and ninety, entitled " An Act to prevent the Destruction of the Fish called 
Alewives in Taunton Great River (so called), in tlie county of Bristol, and to regulate 
the Catching of said Fish therein for the future." 

Sp. Laws, vol. 1, p. 354. Whereas the provision made in the said 
act for preventing the destruction of the said fish has been found 
insufficient for that purpose : 

Sect. 1. Be it enacted^ That from and after the publication of this 
act, it shall not be lawful for any person, with scoop-nets or any other 
instruments, nor at any other time or place than is allowed by said 
act, to molest, hinder or take said fish, on the penalties made and 
provided in said act. 

Sect. 2. Be it further enacted, That it shall be the dut}' of the 
persons chosen by the towns on said river, to enforce said act ; to 
remove or cause to be removed all hinderances and obstructions in 
said river ; and to prevent all unlawful catching of said fish as afore- 
said, in their towns respectively^, on the penalties made and provided 
in and by said act. — [March 8, 1792. 

[Sp. Laws, vol. 1, p. 422.] 

An Act regulating the taking of the Fish called Alewives, in the several Streams empty- 
ing into the Merrimack River, in the Town of Andover. 

Sp. Laws, vol. 1, p. 365. Sect. 1. Be it enacted, That it shall 
and may be lawful for the inhabitants of said town of Andover, from 
time to time, at their annual meeting in the month of March or April, 
to determine and order, by whom, and in what place or places, the 
said fish may be taken in the several streams emptying into Merri- 
mack River within the town aforesaid ; and shall cause a copy of 
such order, attested by the town clerk of said town, to be posted 
up in some public place in said town, and in the town of Methuen ; 
and any person who shall violate such order, upon conviction thereof, 
shall forfeit and pay a sum not exceeding twenty shillings, nor less 
than ten shillings : provided, the quantity so taken is less than one 
barrel ; but for every barrel so taken, they shall forfeit and pay the 
sum of forty shillings, to be recovered before any justice of the 
peace in the county of Essex before whom the complaint shall be 
made, one moiety to the informer, the other moiety to the poor^of 
said town. 



52 LAWS RELATING TO 

Sect. 2. Be it further enacted, That the times and manner pre- 
scribed for taking fish in an act passed 4th March, 1790, entitled " An 
Act to regulate the catching of salmon, shad and alewives, and to 
prevent obstructions in Merrimack River, and in the other rivers and 
streams running into the same within this Commoi^wealth, and for 
repealing several acts heretofore made for that purpose," shall be 
observed as the times and manner for taking said fish in the said 
streams in the town of Andover ; and if an}'^ person shall take any 
of said fish at any other time or in any other manner than is pre- 
scribed in the act last recited, he shall for each offence be subject to 
such penalt}' as is provided in the said act for the same offence, to 
be recovered and appropriated in the same manner as is therein 
directed. 

Sect. 3. Be it further enacted, That any of the inhabitants of said 
town of Andover, not concerned in violating this act, may be admit- 
ted as witnesses in any action that ma}- be brought for the penalty 
aforesaid, they being inhabitants of said town notwithstanding. 

Sect. 4. Be it further enacted, That the inhabitants of said towns 
at their annual meeting in the month of March or April, shall be and 
hereby are empowered to choose a committee or committees, being 
freeholders in said town ; and each person so chosen shall be sworn 
faithfully to discharge the duties required of them by said town, 
agreeable to this act ; and the committee or committees, or the major 
part of them, are hereb}^ authorized and empowered to open such 
sluice or passage-way, through or round any dams erected, or that 
shall be erected across said streams, as they shall judge necessary for 
the fi-ee passage of said fish, and to remove lumber and every other 
obstruction to the free passage of said fish ; to erect racks or wooden 
frames, as they shall judge necessary, in the stream or streams 
through which the said fish pass, they being restricted, in such open- 
ing and clearing, to do the same as little to the damage of the owner 
or owners as may be ; such passage so opened by the committee 
aforesaid, shall continue open, if they shall judge it necessary, from 
the tenth day of April to the last day of May, annually. And if any 
person or persons shall unlawfully obstruct the passage or passages 
for said fish, remove or injure any rack or racks that shall be erected 
by said committee on said streams, such person or persons so offend- 
ing, upon conviction thereof shall forfeit and pay a sum not exceeding 
thirty pounds nor less than ten pounds, to be recovered in any court 
proper to try the same, one moiety to the informer and the other 
moiety to the poor of said town. 

Sect. 5. Be it further enacted, That the said committee or com- 
mittees be and hereby are authorized and directed to distribute the 
fish that may be taken by them, or any person under them, as equally 



INLAND FISHERIES. 53 

as circumstances will admit, to such persons as apply for the same ; 
and for the fish so supplied, the committee or committees shall 
demand a sum not exceeding one-fifth of a dollar for each hundred of 
fish so delivered, excepting of certain poor persons of said town of 
Andover, who, in the opinion of the selectmen of said town, are 
unable to pay for the same, and such persons shall be supplied gratis 
with such quantities as the committee or committees shall judge expe- 
dient. And the said committee or committees so appointed, shall, 
on the first town-meeting after the month of May annually, exhibit 
an account of all the fish by them disposed of, and the balance, if any 
remains, after paying them a reasonable compensation for their 
services, shall be paid into the treasury of said town, for the benefit 
thereof. 

Sect. 6. Be it further enacted, That it shall and may be lawful for 
any of said committee or their assistants, while in the execution of 
their oflEice, to go upon the laud adjoining to said streams without 
being considered as trespassers ; and any person or persons that shall 
attempt to molest or hinder said committee, or either of them, in the 
execution of their ofl3ce, shall forfeit and pay a sum not exceeding 
four pounds, nor less than three pounds, to be recovered in any court 
proper to try the same, to be disposed of as is provided for in other 
breaches of this act. 

Sect. 7. Be it further enacted. That if any person is found 
attempting to take any of said fish at any time or place otherwise 
than is provided in this act, or if an}^ of said fish shall be found in the 
possession of any person, such person or persons shall be deemed to 
have taken them unlawfully, and shall be subject to the penalty of this 
act, unless he or they shall make it appear upon trial that they came 
lawfully by said fish. — [March 9, 1792. 

[Sp. Laws, vol. 2, p. 155.] 

An Act securing the free passage of Fish called Alewives, in the Rivers in the Town of 
Dartmouth, in the County of Bristol, and for the preservation of the same. 

Sp. Laws, vol. 1, p. 376. Sect. 1. Be it enacted, That the owner 
or owners of each and every mill-dam on the River Pasequamanset 
(so called), and other rivers situate in the town aforesaid, shall make, 
provide and continue a sluice-way of three feet wide and eight inches 
deep, for the said fish to pass their respective dams, as far as the 
selectmen of the said town shall judge convenient and proper for the 
said fish to pass in ; and the selectmen of the said town of Dartmouth 
are hereby authorized and empowered, on the second Monday' of April 
annually, to open the said sluice-ways, which, when opened by them 
shall remain open until the tenth day of May annually ; and the owner 
or owners, proprietor or proprietors of any dam or dams on the said 



54 LAWS RELATING TO 

respective rivers, wiio shall neglect or refuse to make, provide and 
continue a sluice-way as aforesaid, or that, after such sluice-way is 
opened as aforesaid, shall shut or obstruct or cause the same to be 
shut or obstructed during the term the said sluice-way is to be kept 
open as aforesaid, shall forfeit and pay the sum of fort}' pounds for 
each offence. 

Sect. 2. Be it further enacted, That the said town of Dartmouth, 
at their annual meeting for the choice of town ofBcers in the month of 
March or April annuall}^ are hereb}' authorized and empowered to 
choose a committee consisting of not more thaa twelve nor less than 
two suitable persons for inspectors of the said river, whose duty it 
shall be, within four days after their appointment, to put up in four 
public places nearest the said river, a notification or notifications 
under their hands or under the hands of the major part of them, 
pointing out the time when and designating the places where the said 
fish may be taken in the said river ; and if an}- person or persons 
shall pull down, mar or deface such notification or notifications, he or 
she shall for each offence forfeit and pay ten shillings ; and if such 
committee shall refuse or negelect to put up such notification or noti- 
fications, within the said term of four days, such committee shall 
forfeit and pay ten shillings. And an}^ person who shall presume to 
take any of the said fish in the said rivers, except at the times and 
places pointed out and designated b}^ the said committee as aforesaid, 
shall forfeit and pay three pounds for each offence. 

Sect. 3. Be it further enacted, That if any person or persons shall 
make any wear or wears, or any other obstruction to hinder the pas- 
sage of said fish up the said rivers, each person so offending shall 
forfeit and pa}' the sum of five pounds ; and any person who shall 
take or catch any of the said fish in the said rivers, with any other 
instrument than a dip-net, shall forfeit and pay four pounds for each 
offence. 

Sect 4. Be it further enacted, That if any person or persons 
shall set or draw an}' seine, drag-net or marsh-net in the said 
rivers, from and after the tenth day of April to the twentieth day 
of May annually, each person so offending shall forfeit and pay ten 
pounds. 

Sect. 5. Be it further enacted, That if any person or persons 
shall set or draw any seine, drag-net or marsh-net in the said rivers 
or ponds belonging to the said town of Dartmouth, for the taking any 
fish (menhaden excepted) at any time whatsoever, he or they so 
offending shall forfeit and pay the sum of twenty pounds. 

Sect. 6. Be it further enacted, That all the forfeitures incurred 
by this act shall accrue to the said town of Dartmouth, to be recov- 
ered by the treasurer of the said town, in an action of debt, in any 



INLAND FISHERIES. 55 

court proper to try the same ; and no person shall be considered as 
disqualified from giving evidence in an}' such action on account of his 
living in or being an inhabitant of the said town of Dartmouth. — 
[June 27, 1792. 

1793. 

An Act to enable the town of Newbury to Regulate and Order the taking offish called 
Shad, Bass and Alewives, in the River Parker, within the limits of said Town. 

Sp. Laws, vol. 1, p. 408. Sect. 1. Be it enacted, That from and 

after the publication of this act it shall and may be lawful for the 

inhabitants of said town of Newbury, at their annual meeting in 

March or April, during the continuance of this act, to determine and 

order in what manner and at what time the said fish called shad, bass 

and alewives, in the River Parker, may be taken within the limits of 

said town. And the said inhabitants shall cause a copy of such order, 

attested by the town clerk, to be posted up in some public place in 

said town, whereunto all persons shall conform with respect to the 

taking said fish called shad, bass and alewives, in the River Parker, 

within said town of Newbury, on penalty that each and every oflTender 

against the same shall forfeit and pay the sum of twenty shillings, to 

be sued for and recovered before any court proper to try the same ; 

one moiety to the informer and the other moiety to the poor of said 

town of Newbury. — [March 2, 1793. 

[Sp. Laws, vol. 1, p. 354.] 
An Act to prevent the Destruction of the Fish called Alewives, in Taunton Great River, 
so called, in the County of Bristol, and also to regulate the Catching of the said Fish 
therein for the future. 

Sp. Laws, vol. 1, p. 422. Whereas the law made for regulating the 
alewive fishery in Taunton Great River, so called, in the county of 
Bristol, is found to operate unequally upon and to the disadvantage of 
several towns situated on said river, and has not answered the salu- 
tary purpose of preserving and increasing the said fish as intended : 

Sect. 1. Be it enacted, That from and after the twentieth day of 
March, instant, it shall not be lawful for any person or persons what- 
ever, at any time after the twentieth day of March, instant, as afore- 
said (except as is hereinafter provided), to catch alewives or any 
other fish with seines or drag-nets in said river : provided, that it 
shall and may be lawful for the inhabitants of the several towns sit- 
uated on the said river to catch alewives and other fish, within the 
bounds of their own town, and nowhere else, with seines or drag-nets, 
part of four days in each week onl}', viz. : on Monda}-, Tuesday, 
Wednesday and Thursday, from sunrising till sunsetting on each of 
said days in each week : and provided, each town situated on said, 
river as aforesaid, draw or sweep with two seines or drag-nets only ; 



56 LAWS RELATING TO 

except the town of Taunton, which town is hereby allowed and per- 
mitted to draw or sweep with three seines or drag-nets, in said river, 
on the days and within the time mentioned as aforesaid ; and neither 
of the towns aforesaid, nor the inhabitants thereof, are permitted at 
any time whatever to set their seines or drag-nets across said river, 
or any part thereof, or make use of any seine or drag-net which is or 
shall at the time be more than twenty rods in length : provided^ also, 
that each of said towns shall, at a legal town meeting, ascertain and 
establish annuall}^ by vote, the places where the said seines or drag- 
nets may be drawn within the bounds of their respective towns, as 
aforesaid, exclusively ; and at the same meeting, or at an adjourn- 
ment thereof, dispose of and grant for that year, and so on from year 
to year, the sole privilege of catching alewives or other fish, with 
seines or drag-nets, on the parts of the days of the week above men- 
tioned and specified, at the places ascertained and established as 
aforesaid, to such person or persons as shall offer or give most for 
the same, and give sufficient security for the pa3^ment of the same so 
offered and agreed on, at such time and in such manner as the inhab- 
itants of the respective towns shall assign and order ; said person or 
persons so agreeing and giving security as aforesaid to have right to 
fish, and no other person whatever. 

Sect. 2. Be it further enacted, That if any person or persons 
shall presume to draw any seine or drag-net, on any day or time 
except the parts of days before mentioned, or at any place other than 
the one ascertained and established by the town, as aforesaid, or 
shall on an}^ day or at any place set a seine or drag-net in or across 
said river, or an}^ part thereof, he shall forfeit and pay fifteen pounds 
for each and ever}' such offence, with costs of suit ; one half thereof 
to the use of the poor of the town where the offence shall be com- 
mitted, and the other half thereof to him or them who shall sue for 
the same, to be recovered by action of debt in any court proper to 
try the same. 

Sect. 3. Be it further enacted, That if any person or persons 
shall be found sweeping with any seine or drag-net, or if any seine or 
drag-net shall be made use of by any person or persons whatever, 
contrary to the true intent and meaning of this act, or any part 
thereof, it shall and may be lawful for any person or persons to seize 
and take such seine or drag-net to his or their own use and benefit ; 
and if prosecuted therefor, to plead the general issue and give this 
act in evidence, as though the same was especially pleaded. 

Sect. 4. Be it further enacted, That the several towns on Taunton 
Great River aforesaid shall, at their annual meeting in the month of 
March or April in each j^ear, choose three or more persons, being 
freeholders in their respective towns, to see that this act be duly 



INLAND FISHERIES. 57 

-observed ; and each person so chosen shall be sworn to discharge 
faithfulh' the duties herein required ; and if an}- person so chosen 
shall refuse to serve, he shall forfeit and pay, to and for the use of 
the poor of the town to which he belongs, the sum of twent}' shillings, 
to be sued for and recovered b}' the town clerk, and the said town 
shall immediately proceed to a new choice. 

Sect. 5. Be it further enacted^ That an act made and passed the 
twenty-second day of February, in the year of our Lord one thousand 
seven hundred and ninety, entitled, " An Act to prevent the destruc- 
tion of the fish called Alewives, in Taunton Great River, so called, 
in the county of Bristol, and to regulate the catching said fish therein 
for the future," be and it is hereb}^ repealed (excepting the repealing 
clause thereof) : provided., that all acts and things done and per- 
formed already, by virtue of said act, are hereby and shall be con- 
sidered good and valid as though this present law had never been 
made ; and -all sales of privilege and ascertaining of places for catch- 
ing alewives and other fish for the present year, shall be considered 
good and valid as though done under and by virtue of this present 
act. 

Sect. 6. Be it further enacted., That the purchasers of the privi- 
leges aforesaid shall sell said fish to any person or persons who shall 
apply therefor, when they have an}- on hand, at the rate of two shil- 
lings per hundred, for the first three weeks after fish begin to run; 
and at the rate of one shilling and sixpence per hundred afterwards, 
and no more, upon the penalty of forfeiting twenty shillings for every 
hundred of said fish they shall sell over and above said prices ; to be 
recovered by action of debt in an}' court proper to try the same : 
provided, this act shall not operate so as to establish any price at 
which said fish shall be sold by the purchasers of the privileges in 
said towns the present year. — [March 19, 1793. 

[Sp, Laws, vol. 2, p. 381; 1815, 119; 1819, 133; 1822,38; 1829, oo ; 1832,44; 1832, Res. 
120; 1843, 120; 1844, 62; 1855, 401; 1855, Res. 22; 1863, 73; 1866, 54; 1871, 258; 
1875, 71 ; 1876, 208 ; 1879, 83.] 

An Act permittins the Inliabitants of that part of the Town of Wareham which was 
formerly part of Rochester, to take Alewives with Seines or Drag-nets, at a place called 
the Narrows, in Wareham River, on a certain Day in each Week. 

Sp. Laws, vol. 1, p. 441. Sect. 1. Be it enacted, That any in- 
habitant of that part of the town of Wareham which was formerly 
part of Rochester, be and they are hereby allowed and permitted to 
take for their own use, with one seine or drag-net only, the fish called 
alewives, at a place called the Narrows, in Wareham River, on the 
west side thereof, and to the northward of Nathan Bassett's now 
dwelling-house, one-half day in each week, from sunrising until 



58 LAWS RELATING TO 

twelve of the clock on ever}' Monday, and at no other time ; any law 
or usage to the contrary- notwithstanding. 

Sect. 2. Be it f}irther eyiacted, That no person or persons, inhabi- 
tants as aforesaid, shall sell or dispose of any of said fish, caught as 
aforesaid, to any person or persons not inhabitants as aforesaid. 

Sect. 3. Be it further enacted^ That if upon complaint made be" 
fore an}' justice of the peace for the county of Plymouth, any person 
or persons shall be convicted of a breach of this act, he shall forfeit 
and pay, for every such offence, a fine of four pounds ; one half 
thereof to the complainant, and the other half thereof to the poor of 
the town of Wareham. — [March 26, 1793. 

[Sp. Laws, vol'. 1, p. 272.] 
An Act in addition to an Act passed the fourth day of March, one thousand seven hun- 
dred and ninety, entitled " An Act to regulate tlie catching of Salmon, Shad and 
Alewives, and to prevent obstructions in Merrimack River, and in the other Streams 
running into the same, within this Commonwealth." 

Sp, Laws, vol. 1, p. 442. Whereas it is found by experience that 
the catching of fish at or near the mouth of the rivers and streams 
emptying in Merrimack River, within the town of Andover, greatly 
obstruct and impede fish entering and passing up said rivers and 
streams : therefore, 

Sect. 1. Be it enacted^ That no person or persons shall, after 
passing this act, be allowed to catch salmon, shad or alewives, or 
drag any seine, or set any net, pot or other machine, for the purpose 
of taking or catching said fish, or any other ways obstruct said fish 
in their passage, within fifty rods below or twenty rods above the 
mouth of any river or stream in the town of Andover emptying into 
Merrimack River aforesaid ; nor draw any seine, for catching of ale- 
wives, between the mouths of Shawshine River and Cocheco Brook, 
on penalty of four pounds ; and the seine, net, pot or other machine 
so used to be forfeited ; and the fine aforesaid to be recovered and 
applied in the same manner as the fines are for the breach of the act 
to which this is in addition. — [March 27, 1793. 

[Sp. Laws, vol. 1, p. 191.] 
An Act in addition to and for repealing a certain Clause in an Act passed March the 
twenty-eighth, in the year of our Lord one thousand seven hundred and eighty-eight, 
entitled " An Act to prevent the Destruction of Alewives, and other Fish, in Ipswich 
River, and to Encourage the Increase of the same." 

Sp. Laws, vol. 1, p. 4.51. Whereas it appears by the petition of 
Thomas Burnham, and a certificate of the selectmen of the towns of 
Ipswich, Topsfield and Middleton accompanying the same, that a 
repeal of a certain clause in the aforementioned act, so far as it 
respects the using and improving the said Burnham's saw-mill, from 
the last day of April to the first day of June, annually, provided the 



INLAND FISHERIES. 59 

same be subjected to the regulation hereinafter mentioned, will not be 
injurious to the public : 

Sect. 1. Be it enacted^ That the future using and improving the 
said Burnham's lower saw-mill, standing on Ipswich River, within the 
town of Ipswich, from the last da}' of April to the first day of June 
annually, shall be under the directions, regulations and restrictions of 
the major part of the selectmen of the towns of Ipswich, Topsfield 
and Middleton, for the time being ; such directions, regulations and 
restrictions being made in writing, under the hands of the major part 
of the selectmen aforesaid, delivered to the said Burnham, from time 
to time, as shall be found necessary' . 

Sect. 2. Be it further enacted^ That for every omission or viola- 
tion of such directions, regulations or restrictions as aforesaid, the 
said Burnham shall be subjected to such penalties and forfeitures as 
is incurred by the aforementioned act, for using and improving said 
saw-mill, within the term aforesaid, to be sued for, recovered and 
applied in manner as is prescribed in the said act. 

Sect. 3. Be it further enacted^ That the sixth clause of the afore- 
mentioned act, so far as it respects the using and improving the said 
Burnham's lower saw-mill, within the term therein mentioned, shall 
be and hereb}- is repealed. — [March 28, 1793. 

An Act for regulating the Opening of Sluice- Ways in the several Mill-Dams on River 
Meadow Brook, in the Town of Chelmsford and District of Carlisle. 

Sp. Laws, vol. 1, p. 452. Sect. 1. Be it enacted. That the owners 

of mills on River Meadow Brook, so called, in the town of Chelmsford 

and district of Carlisle, be and they are herebj' permitted to keep the 

sluice-waj's in their respective mill-dams shut such part of the time 

heretofore provided by law for keeping them open for the passage of 

fish up the said brook, as shall, by the selectmen of the town of 

Chelmsford and the selectmen of the district of Carlisle, for the time 

being, be judged will not prevent the passage of the fish up the said 

stream, and most conducive to the public good : provided, the said 

selectmen of Chelmsford and Carlisle make their determination in 

writing, under their hands, and such determination be kept constantly 

posted up in some conspicuous place at each of the mills on the said 

brook ; any law to the contrary notwithstanding. — [March 28, 1793. 



€0 LAWS RELATING TO 

1794. 

[Sp. Laws, vol. 1, p. 272.] 

An Act in addition to an Act, entitled " An Act to regulate the Catching of Salmon, 
Shad and Alewives, and to prevent Obstructions in Merrimack River, and in the other 
Rivers and Streams running into the same, within this Commonwealth, and for re- 
pealing several Acts heretofore made for that purpose." 

Sp. Laws, vol. 1, p. 511. Sect. 1. Be it enacted, That all pecun- 
iary fines or forfeitures for the breach of an act passed in the 3'ear of 
our Lord one thousand seven hundred and ninet}^ entitled " An Act 
to regulate the catching salmon, shad and alewives, and to prevent 
obstructions in Merrimack River, and in the other rivers and streams 
running into the same within this Commonwealth ; and for repealing 
several acts heretofore made for that purpose," which by the said act 
are set at more than four pounds, may be recovered by indictment, 
either in the supreme judicial court or court of general sessions of the 
peace in the county where the offence shall be committed. 

Sect. 2. Be it further enacted, That where anj' person or persons 
shall be convicted in either of the said courts, of erecting or continu- 
ing any obstructions or incumbrance in or across any of the rivers or 
streams mentioned in the said act, so as to prevent the free passage 
of the said fish up and down the said rivers and streams, the court 
before whom such conviction shall be, besides rendering judgment for 
such fine and cost, shall order such obstruction or incumbrance to be 
removed, and the materials thereof to be sold at vendue, to paj' the 
expense of such removal, with the officer's fees, and if the same shall 
not be sufficient, may order the deficiency to be raised and levied on 
the goods and chattels of the person or persons convicted of erecting 
or continuing the same ; and the warrant for removal shall be directed 
to the sheriff, deputy sheriff or coroner of the same count}', as the 
case may require. 

Sect. 3. Be it further enacted, That the fines and forfeitures which 
shall be recovered by indictment, pursuant to this act, shall be wholly 
to the use of the count}' in which the recovery shall be, towards dis- 
charging the expenses of such county ; anything in the said act 
whereto this addition is made to the contrary notwithstanding. — 
[Feb. 26, 1794. 

An Act for continuing an Act made in the year of our Lord one thousand seven hun- 
dred and eighty-nine, entitled "An Act to prevent the Destruction of the Fish called 
Shad and Alewives, in Mistic Rive.r, so called, within the Towns of Cambridge, 
Charlestown and Medford, and for repealing all laws heretofore made for that pur- 
pose," and also for extending the said Act to the Towns of Woburn and Maiden. 

Sp. Laws, A'ol. 1, p. 512. Sect. 1. Be it enacted, That the said 
act, in ever}' article and clause, matter and thing, shall continue and 



INLAND FISHERIES. 61 

be in force after the first day of March next ; anj'thing in the said act 
to the contrary notwithstanding. 

Sect. 2. Be it further eiiacted, That the said act shall extend to 
the towns of Woburn and Maiden, in the same manner as it would 
have extended in case the said towns had been expressly named in 
the said act. — [Feb. 27, 1794. 

[Sp. Laws, vol. 2, p. 431 ; vol. 3, p. 399 ; 1815, 43.] 

[Sp. Laws, vol. l,p. 296.] 

An Act to prevent the Taking of Fish near the Dam at the Canal at South Hadley 

Falls, in Connecticut River. 

Sp. Laws, vol. 2, p. 518. Sect. 1. Be it enacted, That no person 
or persons, at an}' time hereafter, shall take any salmon or shad within 
one hundred rode of any part of the dam in Connecticut River, near 
the canal at South Hadle}', with an}' net, seine, pot, scoop-net or any 
other instrument or machine whatever ; and if any person or persons 
shall take or catch any salmon or shad, contrar}^ to the true intent and 
meaning of this act, each person so offending shall, for ever}- such 
offence, forfeit and pay a fine of four pounds. 

Sect. 2. Be it further enacted, That all nets, seines or other 
instruments or machines used in taking salmon or shad as aforesaid, 
shall be and hereb}' are forfeited to any person or persons who shall 
prosecute for the same, with costs of suit, to his or their own use, 
upon complaint or information to any justice of the peace in and for 
the said county of Hampshire, who may thereupon issue his warrant 
to seize the same, to be kept until trial of the said complaint or 
information, which the said justices are hereby fully authorized to 
bear and determine. 

Sect. 3. Be it further enacted, That all sums of money forfeited 
by an}^ breach of this act, shall and may be sued for and recovered 
by action or information, with costs of suit, before any justice of the 
peace within the county of Hampshire ; and one half of such fine shall 
enure to him or them who shall sue or prosecute for the same ; the 
other half thereof for the use of the county of Hampshire ; and any 
person or persons aggrieved at the sentence of any justice of the 
peace, given in pursuance of this act, may appeal therefrom to the 
next court of general sessions of the peace to be holden in said 
county. 

Sect. 4. Provided, ahvays. That nothing in this act shall be con- 
sti'ued to justify the erecting or continuance of the said dam ; but the 
propriet}' of erecting and continuing the same, whenever this ma}' be 
called in question, shall be determined on the same principles as 
though this act had never been made. — [Feb. 27, 1794. 

[1817, 157.] 



62 LAWS RELATING TO 

1795. 

[Sp. Laws, vol. 1, p. 272.] 

An Acr to prohibit, during the months of December, January and February, the taking 

of Salmon in Merrimack River, and in the waters running into the same. 

Sp. Laws, vol. 2, p. 35. Sect. 1. Be it enacted, That from and 
after the passing of this act, no person shall be allowed to catch any 
salmon in Merrimack River, or in the waters running into the same, 
during the months of December, January and Febrnar}^ and any per- 
son who shall offend herein, or who shall be found during those months 
with any salmon which shall have been caught contrary to the intent of 
this act, shall forfeit and pay a sum not exceeding twenty' dollars nor 
less than three dollars, to be recovered by action of debt to the use of 
any person who will sue for the same, or by indictment, to the use of 
the county in which the offence shall be committed. — [June 20, 1795. 

1796. 

An Act to enable the Town of Natick to regulate and order the taking of the Fish called 
Shad and Alewives, within the limits of said Town. 

Sp. Laws, vol. 2, p. 53. Sect. 1. Be it enacted. That from and 
after the publication of this act, it shall and may be lawful for the 
inhabitants of said town of Natick, at their annual meeting in March 
or April, during the continuance of this act, to determine and order 
in what manner and by whom the said fish called shad and alewives 
may be taken within the limits of said town ; and the said inhabitants 
shall cause a copy of such order, attested hj the town clerk, to be 
posted up in some public place in said town, whereunto all persons 
shall conform with respect to the taking said fish called shad and ale- 
wives within said town of Natick, on penalty that each and every 
offender against the same shall forfeit and pay the sum of three 
dollars and thirty-three cents, to be sued for and recovered before 
any court proper to tiy the same ; one moiety to the informer, and the 
other moiety to the poor of said town of Natick. — [February 5, 1796. 

1797. 

An Act for regulating the Alewive Fishery in the town of Bridgewater, in the County of 
Plymouth, and for repealing all Laws heretofore made for that purpose. 

Sp. Laws, vol. 2, p. 105. Sect. 1. Be it enacted, That all laws 

heretofore made for regulating the alewive fishery in said Bridgewater, 

be and they hereby are repealed ; and it shall and may be lawful for 

the said tow^n of Bridgewater, at any legal meeting of the inhabitants 

of the said town, to choose a committee to sell or otherwise dispose 

of the privilege of taking said fish, as the town shall direct, at the 

several wears in said town, or either of them, for the most it will 



INLAND FISHERIES. 63 

fetch, on the days following, viz. : at the wear by the town mills, so 
called, on Monday and Tuesday of each week ; at the Great River 
mills, so called, on Wednesdays and Thursda3'S in each week ; and at 
the wear bj' Whitman's mills, so called, on Mondaj's, Tuesdays and 
Wednesdays in each week ; and the emoluments arising from said 
privilege shall be appropriated by said town to such purposes and 
uses as the inhabitants thereof shall, in legal town meeting, from time 
time determine. 

Sect. 2. Be it further enacted, That if the purchaser or purchasers, 
manager or managers, or those employed by them, shall presume to 
take any of the said fish at any other time or place in said town than 
is in this act provided, and if any other person or persons whatever, 
except the purchaser or purchasers, manager or managers of said 
privilege, or those employed by them, shall presume to take or catch 
any of said fish, in any of the rivers or streams within the boundaries 
of said town, he or they so offending shall for each offence forfeit and 
pay a sum not exceeding thirteen dollars nor less than one dollar, at 
the discretion of the justice before whom the same shall be tried. 

Sect. 3. Be it further enacted, That if the said purchaser or pur- 
chasers, manager or managers of said privilege, shall, when in his 
or their power, neglect or refuse to supply any person or persons with 
said fish, who may apply therefor, at the rate of twenty-five cents for 
a hundred of said fish, he or they so ofi'ending shall, for each offence, 
forfeit and pay the sum of five dollars ; and if any person or persons 
shall ask, demand and receive more than twenty-five cents for a, hun- 
dred of said fish, and so in that proportion for a greater or less num- 
ber, he or they so offending shall, for each offence, forfeit and pay the 
sum of five dollars. 

Sect. 4. Be it farther enacted, That the said town of Bridgewater 
shall, at their annual meeting in March or April, choose a committee 
not exceding nine nor less than three freeholders of said town, who 
shall be sworn to the faithful discharge of the duties enjoined upon 
them by this act ; and it shall be the duty of said committee to cause 
the natural cmrse of the rivers, passage-ways or streams through 
which the said fish pass, to be kept open and without obstruction dur- 
ing the whole time the said fish pass up in said rivers, passage-ways 
and streams in each year, and to remove any such as shall be found 
therein, and to make the said passage-ways wider or deeper, if they 
or the major part of them shall judge it necessary ; and the said com- 
mittee, or any iwo of them, paying a reasonable compensation therefor, 
if demanded, shall have authority (in discharging the duties enjoined 
upon them by this act) to go on the lands or meadows of any person 
through which such rivers, passage-ways or streams run, or into any 



64 LAWS RELATING TO 

mill, forge or other water-works on said rivers or streams, without 
being considered as trespassers ; and an}' person who shall molest or 
hinder the said committee, or either of them, in the execution of the 
business of his or their office, or shall obstruct any passage-way in the 
said rivers and streams, otherwa3-s than may be allowed by the said 
committee, or a major part of them, he or they so offending shall for- 
feit and pa}^ for every such offence, a sum not exceeding ten dollars 
nor less than one dollar, at the discretion of the justice before whom 
the same shall be tried : provided, nevertheless, that nothing in this 
act shall be considered as authorizing said committee to injure the 
proprietor of any mill or water-works, further than is necessary in 
order to give the fish a good and sufficient passage up said rivers. 

Sect. 5. Be it further enacted, That it shall be the dut}^ of the 
said committee to prosecute all breaches of this act, and for any two 
of them to seize and detain in their custody' any net which may be 
found in the hands of any person using the same coutrar}' to the true 
intent and meaning of this act, until the person so offending makes 
satisfaction for his offence, or is legall}' acquitted therefrom. And 
that each and ever}' person who shall be chosen on the committee, 
pursuant to this act, shall, within six days after his being notified by 
a constable of such choice, take the following oath before some justice 
of the peace for the county of Plymouth, or the clerk of said town 
of Bridgewater, who is hereby authorized to administer the same, 
viz. : — 

You, A. B., being chosen one of the committee to inspect the ale- 
wive fishery in the town of Bridgewater, for the year ensuing, do sol- 
emnly swear that you will faithfully discharge the duties of said office, 
and duly prosecute all breaches of the law respecting said fishery that 
shall come to your knowledge. So help you GOD. 

And that if any person chosen one of the said committee, and noti- 
fied as aforesaid, shall neglect to take the foregoiug oath for the space 
of six days after his being so notified, he shall forfeit and pay the sum 
of five dollars, to be recovered by action of debt in any court i^roper 
to try the same ; one moiety thereof to be applied to the use of the 
said town of Bridgewater, the other moiety to the person or persons 
who shall sue for the same. 

Sect. 6. Be it further enacted. That all the penalties incurred by 
any breach of this act, shall be recovered by complaint, before any 
justice of the peace within and for the county of Plymouth aforesaid, 
allowing an appeal to the court of general sessions of the peace for 
said county ; and all sums of money recovered to the town as forfeited 
by this act, shall be for the support of the poor of the town of Bridge- 
water aforesaid. And no person, by reason of his being one of the 
said committee or an inhabitant of the said town, shall thereby be 



INLAND FISHERIES. 65 

disqualified from being a witness in any prosecutions for a breach of 

this act. — [Feb. 10, 1797. 

[Sp. Laws, vol. 2, pp. 433, 495.] 

An Act to prevent the Destruction of the Fish called Bass, in the River Parker, in 
Newliury; and in Rowley Iliver ; and in the streams and Waters running into the 
same, in the County of Essex. 

Sp. Laws, vol. 2, p. 117. Sect. 1. Be it enacted, That on and 
after tlie first day of December next, if any person or persons shall 
catch, in any manner whatever, any of the fish called bass, in any 
part of the Eiver Parker, in Newbury, or in Rowley Iliver, or in any 
of the streams or waters running into the same, or shall off'er them for 
sale, between the first day of December and the first day of March 
annually, he or they so off'ending shall forfeit and pay one dollar far 
each of the bass so caught or off'ered for sale as aforesaid. 

Sect. 2. Be it further enacted, That all fines and penalties which 
may be incurred by a breach of this act, shall be recovered before any 
justice of the peace of the county of Essex, with cost of suit, for the 
use and benefit of the prosecutor. And it shall be the duty of the 
fish-wardens of said towns of Newbury and Rbwle}^ to see that this 
act is carried into effect ; and any other person may complain and, 
prosecute for breaches of this act. 

Sect. 3. Be it farther enacted, That the inhabitants of the town 
of Rowle}' aforesaid, shall, at their annual meetings, legally assem- 
bled, choose one or more fish-wardens, whose duty it shall be to see 
that this act is carried into effect, as aforesaid, and who shall be sworn 
to the faithful discharge of that trust, in the same manner as other 
town officers are sworn. — [Feb. 22, 1797. 

[Sp. Laws, vol. 1, p. 422.] 
An Act to regulate the Price of Fish called alewives, in the Town of Taunton. 

Sp. Laws, vol. 2, p. 117. Sect. 1, Be it enacted, That from and 
after the passing of this act, the selectmen of the town of Taunton, 
for the time being, together with any two justices of the peace in and 
for the county of Bristol, qxiorum unus, be and the}^ are hereby 
authorized and empowered, from time to time, as the}' shall judge 
proper, to regulate the price of the fish called alewives, taken in 
Taunton Great River, so called, which price, when so regulated, 
shall be recorded on the book of records of said town by the clerk 
thereof. 

Sect. 2. Be it further enacted, That if any person, after the pass- 
ing of this act, shall presume to sell such fish at a greater price than 
may be established, for the time being, as aforesaid, he shall forfeit 
and pay, to the use of said town, for each hundred of such fish so sold, 
a fine of five dollars ; and so in proportion, for a greater or less num- 



66 LAWS RELATING TO 

ber, to be sued for and recovered before any justice of the peace in 
and for said count3% or any other court proper to tr}' the same, by the 
town treasurer of said t )wn. And no person shall be disqualified 
from being a witness in any such suit, b}' reason of his or her being 
an inhabitant of said town. 

Sect. 3. Be it further enacted, That so much of an act passed on 
the nineteenth day of March, in the year of our Lord one thousand 
seven hundred and ninet^'-three, as regulates the price of said fish 
taken in said river, be and the same is hereby repealed. — [Feb. 23, 
1797. 

[Sp. Laws, vol. 1, p. 191.] 

An Act in addition to and for repealing a certain clause in an Act passed March the 
twentj'-eighth, in the year of our Lord one thousand seven hundred and eighty-eight, 
entitled " An Act to prevent the Destruction of Alewives and other Fish in Ipswich 
River, and to encourage the increase of the same." 

Sp. Laws, vol. 2, p. 128. Sect. 1. Be it enacted. That the future 
using and improving of Andrews' saw-mill, standing on Ipswich River, 
at Farle3-'s mill-dam, so called, within the town of Ipswich, from the 
last day of April to the first day of June annuall}', shall be under the 
directions, regulations and restrictions of the major part of the select- 
men of the towns of Ipswich, Topsfield, Middleton and Reading, fur 
the time being ; such directions, regulations and restrictions being 
made in writing, under the hands of the major part of the selectmen 
aforesaid, and delivered to the said Andrews from time to time, as 
shall be found necessary. 

Sect. 2. Be it further enacted, That for every omission or viola- 
tion of such direction, regulations or restrictions as aforesaid, the said 
Andrews shall be subject to such penalties and forfeitures as are in- 
curred by the aforementioned act, for using and improving said mill 
within the term aforesaid ; to be sued for, recovered and applied in 
manner as is prescribed in the said act. 

Sect. 3. Be it further enacted, That the sixth clause of the afore- 
mentioned act, so far as it respects the using and improving the said 
Andrews' saw-mill within the term therein mentioned, shall be and 
hereby is repealed. — [March 7, 1797. 

An Act for regulating the taking of Shad, Alewives and other Fish in Neponset River, 
and the several Streams from the Pond called Puncapog and Massopog. 

Sp. Laws, vol. 2, p. 148. Sect. 1. Be it enacted. That there shall 
be sluice-wa^'s through Leeds' dam and McLane's dam, on Neponset 
River, each eight feet in width, and in depth within eighteen inches of 
the mud-sill ; the former within fifteen feet of Leeds' grist-mill floora, 
and the latter where the sluice-way now is. And the owners of all 



INLAND FISHERIES. 67 

other dams across said River Neponset shall make sUiice-wa3-s of the 
width of eight feet, and in depth within eighteen inches of the mud- 
sill ; and all dams on the brook from Massapog Pond to Neponset 
River shall have a sluice-waj' six feet wide and as low as the natural 
stream ; and all dams on the brook from Puncapog Pond to said 
Neponset River shall have a sluice-way three feet wide and as low as 
the natural stream. 

Sect. 2. Be it further enacted, That the court of general sessions 
of the peace for the county of Norfolk shall, at their spring sessions, 
annually appoint a committee of three disinterested freeholders, and 
not inhabitants of Stoughton, Sharon, Canton, Dorchester or Milton, 
who shall be sworn to the faithful discharge of their duty, and who 
shall determine the time when the sluice-wa^'s shall be opened and 
also when they may be shut; and may also, if they think it expedient 
and not injurious to the passing of said fish, direct one-half of any 
sluice-way or sluice-ways to be shut ; and may open any such sluice- 
way on said rivers and streams, at the expense of the owner, pro- 
vided the owner neglects to do it for the space of twenty-four hours 
after being notified by said committee ; and if upon trial the present 
depth of said sluice-ways shall prove insufficient, may, after hearing 
the parties, order the same to be made deeper: prooided, the depth 
of said sluices shall never be lower than twelve inches above the mud- 
sill. And the said committee, or any two of them, may in the execu- 
tion of their office, when necessary, enter on the land or lands adjoin- 
ing: said streams, without being considered as trespassers; and 'the 
reasonable expense of said committee shall be paid, one half by the 
owners of the dams on the rivers and streams aforesaid, and tlie other 
half by the towns of Sharon, Stoughton and Canton. 

Sect. 3. Be it further enacted, That if any owner or owners, 
occupant or occupants of any dam, shall unreasonably refuse to open 
his or their sluice-way, when required by the committee, for the space 
of twenty-four hours, or shall refuse for the space of six da^'S after 
being required by said committee to make their sluice-way deeper, as 
provided for by this act, he or they so offending shall for each offence 
forfeit and pay one hundred dollars. 

Sect. 4. Be it farther enacted, That in case an}' owner or owners, 
occupant or occupants of any dam shall shut the same, or cause or 
suffer any obstruction during the time assigned by such committee 
for the passing of the fish, or if an}' person shall, during said term, 
cause any obstructions in any part of said streams, or use any seine 
or drag-net in taking said fish, or shall take any of said fish except 
on Mondays, Wednesdays and Fridays in each week, and betwixt 
sunrising and sunsetting on each of said days, or shall so diA'ert the^ 
water as to prevent the return of young fish, he or they so offending 



68 LAWS RELATING TO 

shall for each ofTence forfeit and pay the sum of twenty dollars, and 
shall forfeit all seines and nets so used. 

Sect. 5. Be it further enacted^ That the several towns adjoining 
the aforesaid river and streams maj', at their annual meeting in 
March or April, choose three freeholders each, to inspect said fisherj', 
who shall be sworn to the faithful discharge of their duty, and shall 
complain of all breaches of this act that come to their knowledge, 
and shall, when directed by the committte of sessions, remove obstruc- 
tions in said river or streams at the expense of the person causing 
the same ; and anj' person chosen one of said committee, and being 
notified thereof, and who shall neglect to take his oath for the space 
of seven days, shall forfeit and pay the sum of five dollars. 

Sect. 6. Be it further enacted^ That if any person shall hinder or 
molest either of said committee in the execution of their office, he or 
they so oflTending shall forfeit and pay a sum not more than seven nor 
less than three dollars. 

Sect, 7. Be it further enacted. That each of the towns adjoining 
said river and streams, ma}', at the aforesaid annual meeting, choose 
a special committee to farm out or sell the privilege of taking said 
fish, and establish the rates at which fish so taken shall be sold, and 
the money arising from the sale of said fishery, or proceeds thereof, 
shall be paid into the respective town treasuries for the use of the 
respective towns, saving to Stoughton an equal share with the town 
of Canton, as is provided in the act of incorporation of the said town 
of Canton ; and if an}' person, in any town aforesaid, after the farm- 
ing or selling the privilege in said town, shall take any of said fish, 
not being legall}' authorized so to do, or if anj' person being author- 
ized to take said fish, shall, when in his power, refuse to sell, or shall 
receive for said fish more than the established rate, he or they so 
offending shall forfeit and pay a sum not more than twelve nor less 
than two dollars. 

Sect. 8. Be it further enacted, That it m&y be lawful for Jonathan 
Leonard and Adam Kinsley to keep down their dam the whole of the 
year, the}' to make such a canal or passage-way round their dam in 
Canton as the committee of the sessions aforesaid may approve of as 
being suflScient for the passage of said fish ; and also make a wear to 
prevent said fish from passing up to theslitting mill. 

Sect. 9. Be it further enacted. That all forfeitures incurred by a 
breach of this act shall be recoverable by action of debt, with costs 
of suit, before anj- justice of the peace for said county of Noi'folk, 
excepting the penalty of one hundred dollars, which may be in like 
manlier recovered in the court of common pleas for said county ; one 
half of each penalty shall be to the use of the prosecutor and the 
other to the town where the offence is committed. 



INLAND FISHERIES. 69 

Sect. 10. Be it further enacted, That all laws heretofore made for 
the preservation of or taking the said fish in the said river and streams, 
be and they hereby are repealed. — [March 10, 1797. 
[Sp. Laws, vol. 2, p. 271.] 

[Sp. Laws, vol. 1, p. 296.] 
An Act to repeal an Act passed the twentieth day of June, one thousand seven hundred 
and eighty-eii^lit, entitled " An Act to prevent the Destruction of Salmon and Shad 
in Connecticut River." 

Sp. Laws, vol. 2, p. 154. Whereas the beneficial effects contem- 
plated by the act aforesaid have not been produced thereby, and the 
further continuance thereof is unnecessary : therefore, 

Sect. 1. Be it enacted. That the act aforesaid, and every part 
thereof, from and after the passing of this act shall be and the same 
is hereby repealed. — [March 11, 1797. 

[Sp. Laws, vol. 1, p. 272.] 
An Act in addition to an Act passed March ninth, seventeen hundred and ninety-two, 
entitled "An Act regulating the taking of the Fish called Alewives in the several 
Streams emptying into Merrimack River, in the Town of Andover." 

Sp. Laws, vol. 2, p. 155. Sect. 1. Be it enacted, That such part 
of the fifth enacting clause in the afore-recited act as limits and deter- 
mines the price of the aforesaid fish to one-fifth of a dollar for each 
hundred taken and distributed, be and hereby is repealed. 

Sect. 2. Be it further enacted, That the inhabitants of said 
Andover, at their annual meeting in the month of March or April, be 
and are hereby authorized and empowered to determine and state the 
price of the aforesaid fish per hundred ; and the committee or com- 
mittees, as in said act are directed, to supply the persons applying 
for said fish at such rates as the town may determine and direct, under 
the penalties provided in the act to which this is in addition : provided, 
such stated price be posted up in manner as directed in the afore- 
recited act respecting the places of taking said fish. — [March 11, 
1797. 

An Act to prevent the Destruction of the Eel Fishery in the Town of Orleans, in the 
County of Barnstable, and to preserve and regulate the same in the several Coves 
and Salt Ponds within the said Town. 

Sp. Laws, vol. 2, p. 162. Sect. 1. Be it enacted. That from and 

after the first day of September next, it shall not be lawful for an}'' 

person to take from any of the coves and salt ponds in the town of 

Orleans, more than three dozen of eels on any one day, without a 

permit in writing from the major part of the selectmen of said town, 

expressing the quantity permitted to be taken ; and every person who 

shall take any of said eels from any of said coves and salt ponds. 

exceeding the number of three dozen in any one day without such 



70 LAWS RELATING TO 

permit, shall forfeit and pay for each and every additional dozen so 
taken the sum of twenty-five cents. 

Sect. 2. Be it further enacted. That if any boat or craft shall be 
found within the limits of any of the coves or salt ponds with any 
more eels on board than this act allows to be taken for each person 
on board on any one day, or than they are authorized to take by a 
permit from the selectmen aforesaid, it shall be the duty of such 
person or persons as shall be chosen by the said town of Orleans to 
see to the execution of this law, to seize on such boat or craft and 
detain the same not exceeding fort3'-eight hours, in order that the 
same be attached or arrested b}' due process of law, and made answer- 
able for said fines and forfeitures, with cost of suit : provided, how- 
ever, that as soon as the owner or master of such boat or craft shall 
pay such fines and forfeitures to the treasurer of said town, if he shall 
pa}' the same before being sued, such boat or craft shall be discharged, 
with the effects therein. 

Sect. 3. Be it further enacted. That the said town of Orleans are 
hereby authorized to choose annually such number of fish-wardens as 
the}'^ may judge necessarj', who shall be sworn to the faithful discharge 
of their dutj', whose duty it shall be to prosecute for all offences 
against this act ; and all fines and forfeitures that shall be incurred 
b}' virtue thereof shall be one half to the use of him or them who 
shall sue for the same, and the other half to the use of the said town 
of Orleans ; and the same shall be recovered with legal costs of suit 
by an action of debt, in an}' court proper to try the same. — [June 
17, 1797. 

An Act to prevent the Catching Fish with Seines in Fresh Pond (so called) in the 
Towns of Cambridge and Watertown. 

Sp. Laws, vol. 2, p. 165. Sect. 1. That from and after the 

passing of this act it shall not be lawful to catch any fish with seines 

in Fresh Pond (so called), situate in the towns of Cambridge and 

Watertown ; and any person who shall be found so catching fish, or 

who shall use a seine in the same pond in any manner whatsoever, 

shall for each off'ence forfeit a sum not exceeding fift}' nor less than 

five dollars, to be recovered by an action of the case to the use of the 

person who shall sue for the same. — [June 17, 1797. 

1798. 

[Sp. Laws, vol. 1, p. 313.] 
An Act to empower the Inhabitants of the Town of Middleborough, in the County of 
Plymouth, to regulate the Price of the Fish called Ale wives, taken in said Town, and 
for Repealing all Laws heretofore made, so far as they respect the regulation of the 
Price of said Fish taken in said Town. 

Sp. Laws, vol. 2, p. 192. Sect. 1. Be it enacted. That from and 
after the passing of this act, the inhabitants of the town of Middle- 



INLAND FISHERIES. 71 

borough aforesaid are hereby empowered annuallj^ at any town meet- 
ing legally warned for that purpose, to establish the price of said fish 
taken in said town, provided said price be not above the rate of 
twenty-five cents per hundred. 

Sect. 2. Be it further enacted, That all the laws heretofore made, 
so far as they respect the regulation of the price of said fish taken in 
said town, be and are hereby repealed. — [Feb. 8, 1798. 

An Act to prevent the Destruction of Fish in Concord River, in the County of 

Middlesex. 

Sp. Laws, vol. 1, p. 213. Sect. 1. Be it enacted, That if any 
person or persons, after the first day of April next, shall take or 
catch any fish in Concord River, in the county of Middlesex, or in 
any pond or stream which empties into the same, after sunset and 
before sunrise, with the use of either torch or spear, every person so 
offending shall forfeit and pay for each offence a sura not exceeding 
five dollars, nor less than two dollars, to be recovered in an action of 
debt, one half to him who shall sue for the same and the other half to 
the town in which the fish shall be so caught or taken. 

Sect. 2. Be it further enacted, That if any person or persons shall 
erect any wear across any of said waters, and thereby take an}- of 
said fish, or obstruct them in their passage through the same, every 
person so offending shall forfeit a sum not less than three dollars nor 
more than ten for each offence, to be recovered in manner and to the 
use aforesaid. — [March 1, 1798. 

[1835, 89.] 

An Act for the Preservation of the Fish called Alewives, in Weweantit River, in the 

County of Plymouth, and for Regulating the Taking said Fish, and for Repealing all 
Laws heretofore made for that purpose. 

Sp. Laws, vol. 2, p. 214. Sect. 1. Beit enacted, That the several 
towns of Rochester, Wareham and Carver shall, at their town meeting 
in the fall of the year annuall}-, respectively choose a committee of 
three persons in each town, whose duty it shall be, in the month of 
March annually, to sell at public vendue the privilege of taking said 
fish at such places, not exceeding three in said towns, and on such 
da3^s, not exceeding three in each week, as said committee shall agree 
upon and publish in their conditions of sale, in which conditions said 
committee shall also express the price at which it may be lawful for 
said purchasers to sell said fish when taken, not exceeding the rate of 
twenty-five cents for one hundred of said fish ; and said committee, 
before they enter upon the execution of their office, shall be sworn 
to tiie faithful and impartial performance of their duty in the same 
manner as other town oflflcers. 

Sect. 2. Be it further enacted. That the committee of the town of 
Rochester the first year, the committee of the town of Wareham the 



72 LAWS RELATING TO 

second 3'ear, and the committee of the town of Carver the third j-ear, 
and so on in rotation forever, shall notify the town clerks of the other 
towns concerned in said fishery of the time and place in which said 
committee shall rai;et ; said notice to be served ten days at least before 
the time of meeting, at which meeting as well as all subsequent meet- 
ings, the majority present shall have the power and authority of the 
whole committee. 

Sect. 3. Be it farther enacted, That all persons, except the pur- 
chaser or purchasers, or those employed by them, who shall take any 
of said fish in Weweantit River, or in any pond or stream having 
communication therewith, Si()pican River excepted, shall forfeit and 
pay the sum of twenty dollars. 

Sect. 4. Be it further enacted, That if either of the towns of 
Rochester, Wareham or Carver shall neglect to choose their propor- 
tion of said committee, as they are required by this act, or if the com- 
mittee, when chosen, whose dut}^ it shall be to notify the clerks of the 
other towns of the proposed time for the whole committee to meet, as 
aforesaid, shall neglect to give such notice, the town or committee 
offending as aforesaid shall, for each offence, forfeit and pay to the 
use of the town or towns performing the duties required by this act, 
the sum of one hundred dollars. 

Sect. 5. Be it further enacted, That the owner or occupier of any 
dam on said river shall, annually, betwixt the first day of April and 
twenty-fifth da}- of May following, for such term and in such manner 
as said committee shall direct, open a sufficient sluice-way for the pas- 
sage of said fish ; and the owner or occupier of such dam, neglecting 
to open or to continue open a sluice-way as aforesaid, shall forfeit and 
pay the sum of fifty dollars. And the committee aforesaid shall have 
power to open such dam when neglected as aforesaid, at the expense 
of the owner or occupier. 

Sect. 6. Be it farther enacted, That if any person shall make any 
wear or other obstruction to the free passage of said fish, or shall 
make use of any seine in said river or in any poud or stream commu- 
nicating therewith, the person offending shall forfeit and pay the sura 
of fifty dollars ; and said committee shall have authority to remove 
such wear or obstruction at the expense of the person causing the 
same ; and also to seize any seine used as aforesaid, and to dispose of 
the same to the use of the said towns. 

Sect. 7. Be it further enacted, That the treasurers of the aforesaid 
towns respectively, are hereby empowered, upon the complaint of any 
of the committee aforesaid, to sue for the recover}- of any forfeitures 
incurred by the breach of any of the regulations provided in this act ; 
and also of such further regulations as may, from time to time, be 
provided by the committee as aforesaid. And all fines and forfeitures 



INLAND FISHERIES. 73 

recovered for any breaches aforesaid, except such as are mentioned 
in the fourth section of this act, shall, together with the proceeds of 
said fishery, be equally divided between the aforesaid towns ; and 
the treasurers aforesaid respectively may, in behalf of their respective 
towns, recover in an action on the case, of any person or persons, 
corporation or corporations holding the same, one-third part thereof 
in any court proper to try the same. 

Sect, 8. Be it farther enacted, That the purchasers of the right 
of taking said fish, shall in all respects conform themselves to such 
regulations as the committee aforesaid shall publish in their conditions 
of sale, and for each offence in breaking said regulations, shall forfeit 
and pay the suna of twenty dollars. 

Sect. 9. Be it farther enacted, That any of the committee afore- 
said may be admitted as witnesses in any prosecution for the breach 
of any regulations respecting said fishery ; and said committee shall 
receive for their services, out of the proceeds of said fishery, seventy 
cents to each person for each day's service. 

Sect. 10. Be it farther enacted, That all laws heretofore made 
respecting said river, be and the same are hereby repealed, excepting 
so far as may aflject any penalties already incurred for the breach of 
said laws. — [March 1, 179S. 

[1819, 118; 1836,218.] 

An Act for the better Preservation of the Fish called Alewives, in Mill River, so called, 
in Taunton, in the County of Bristol, and for regulating the Taking of said Fish in 
said River. 

Sp. Laws, vol. 2, p. 220. Sect. 1. Be it enacted, That from and 
after the passing of this act, the selectmen of the said town of 
Taunton, for the time being, shall be and the}' are hereby constituted 
inspectors of the said Mill River, whose dut}' it shall be, within ten 
days after being chosen to their said oflfice of selectmen, to take an 
oath for the faithful discharge of their said trust as inspectors, before 
some justice of the peace for said county of Bristol, or the clerk of the 
said town of Taunton ; and also, within the same ten days, to post up 
at some public places in said town, near said river, an advertisement 
under the hands of the major part of them, pointing out the manner, 
time and place, in which said fish may be taken in said river (provided 
that the time of taking said fish shall not exceed three days in each 
week) . And if any person shall pull down or deface such advertise- 
ment, he or she shall forfeit and pay the sum of one dollar. And if 
any person shall presume to take auj' of said fish in said river, at any 
other time or place, or in any other manner, than those mentioned in 
said advertisement, he or she so offending shall forfeit and pay for 
each ofljence a sum not less than one dollar nor more than twenty ^ 
dollars. 



74 LAWS RELATING TO 

Sect. 2. Be it further enacted, That the inhabitants of said town, 
at any town meeting legally warned for that purpose, may, in such 
manner as they shall think proper, sell the exclusive right of taking 
said fish in said river under such regulations as they may judge neces- 
sary : provided, always, that no one sale shall be for more than one 
year, and that the purchasers of said right shall not be allowed to sell 
fish for more than twenty-five cents per hundred. 

Sect. 3. Be it further enacted, That in any year when the said 
inhabitants shall sell the exclusive right of taking said fish as afore- 
said, the said inspectors shall post up their advertisement as aforesaid, 
forbidding all persons, other than the said purchasers or their agents, 
to take any of said fish in said river, at an^' time or place whatever ; 
and also forbidding the said purchasers to take any of said fish, save 
at the times and places and in the manner mentioned in the conditions 
of sale. 

Sect. 4. Be it further enacted. That the said inspectors, or the 
major part of them, be and they are hereby authorized and empowered 
to open any dam or the sluice of any mill or other water-works erected 
or that may be erected on or over the said river, so that there shall 
be a passage-wa}^ of such width (not exceeding twelve feet) and 
depth as shall be sufficient for the passing of said fish up said river at 
the expense of the owner or owners of such dam or sluice : provided, 
such owner or owners shall neglect to open the same when thereto 
required by the inspectors or the major part of them ; and the dam or 
sluice that may be so opened, shall continue open for so long a time 
in the months of April and May annually-, as the said inspectors or 
the major part of them shall judge necessai-y ; and if an}' person or 
persons shall obstruct the passage-ways allowed or ordered by the 
said inspectors or the major part of them, in any dam or sluice-way, 
or shall obstruct the passage of said fish in an}' other part of said 
river than shall be permitted by the said selectmen, conformably to 
this act, such person or persons so offending shall forfeit and pay a 
sum not exceeding three hundred dollars nor less than ten dollars. 

Sect. 5. Be it further enacted. That all penalties incurred by the 
breach of this act may be sued for and recovered by any of said 
inspectors in any court in the county of Bristol proper to try the 
same ; and all sums so recovered shall be one half to the use of the 
prosecutor and the other half to the use of the said town of Taunton ; 
and in case any minor or minors shall off'end against any part of this 
act, and thereby incur an}' of the penalties aforesaid, in all such cases 
the parents, masters or guardians of such minor or minors shall be 
answerable therefor in an action to be brought against such parents, 
masters or guardians as for his or their personal offence. 

Sect. 6. Be it farther enacted, That the several laws heretofore 



INLAND FISHERIES. 75 

passed authorizing the proprietors of the slitting mills, standing on 
the said river, to stop the water and make use of the same three days 
in each and every week during the months of April and May annually, 
be and the same are hereby repealed. — [March 2, 1798. 

An Act to prevent the Destruction and to regulate the Catching of the Fish called Ale- 
wives, in the Rivers and Streams in the Town of Falmouth, in the County of Barn- 
stable. 

Sp. Laws, vol. 2, p. 222. Sect. 1. Be it enacted, That tlie town 
of Falmouth shall be and hereby are empowered and directed, at their 
meeting for the choice of town officers in March or April annually, to 
choose five or more persons, being freeholders in the said town, to see 
that this act be duly observed ; and each person so chosen shall be 
sworn faithfully ^o discharge the duties required of liim by this act : 
and the said committee shall meet together annually, on or before the 
thirtieth day of March, at such place as they or a majority of them 
shall appoint ; and the major part of the committee present at such 
meeting, being not less than three in number, are hereby authorized 
and empowered to order the times when (which shall not exceed three 
days in a week), the places where, and the manner in which said fish 
may be taken ; and shall notify the inhabitants thereof, by posting up 
notifications in several public places in said town of Falmouth, within 
ten days after their being chosen as aforesaid ; and the said committee 
or the major part of them are hereby fully authorized and empowered 
to cause the natural course of the streams through which the said "fish 
pass to be kept open and without obstruction, to remove any such as 
may be found therein, and shall have authority for those purposes to 
go on the land or meadow of any person through which such streams 
run, without being considered as trespassers ; and shall open or cause 
to be opened any sluice-way through any dam now erected, or that 
may be hereafter erected on or over any of the said rivers or streams 
(between the ponds where the said fish usually cast their spawns and 
the sea) , at the expense of the said town of Falmouth : provided, the 
owner or owners of any such dam shall neglect to open the same 
when thereto required by the said committee ; and the dam or sluice 
so opened shall continue open in ever}' year to such depth and width 
as shall be necessary for a passage for said fish, and for such term of 
time between the first day of April and the tenth day of June, as the 
major part of the said committee shall judge necessary ; and if any 
person or persons shall molest or hinder the said committee or either 
of them in the execution of his or their said office, or shall obstruct 
the passage-ways or sluice-ways allowed or ordered by the said com- 
mittee, or the major part of them, each person so offending shall, on- 
conviction before any justice of the peace for the county of Barns- 



76 LAWS RELATING TO 

table, pay a fine for every such offence not exceeding ten dollars nor 
less than three dollars. 

Sect. 2. Be it further enacted. That if any person or persons shall 
take any of the said fish in the said rivers, streams or ponds afore- 
said, at anj' time, in any place, or in an}' manner other than shall be 
allowed bj' the said committee as aforesaid, each person so offending 
for each and every offence shall, on conviction thereof, pay a fine not 
exceeding three dollars nor less than one dollar, if the quantity of fish 
so talcen is less than one barrel, but if the quantity so taken shall be 
one barrel or more, such person or persons so offending shall forfeit 
and pay for each and every barrel of fish so taken, the sum of three 
dollars. 

Sect. 3. Be it further enacted. That if the committee aforesaid, or 
either of them, shall detect any person or persons in taking any of 
the said fish, at an}' time, in any place, or in any manner otherwise 
than is allowed by the said committee, or shall find such fish with 
such person or persons, such person or persons shall be deemed to 
have taken the said fish unlawfully', and shall be subject to the 
penalties of this act accordingly ; unless such person or persons can 
make it appear, on trial, that they came by the said fish in some other 
wav. 

Sect. 4. Be it further enacted. That all the forfeitures incurred by 

virtue of this act, shall be to the use of the said town of Falmouth, 

to be recovered by an action on the case, in an}' court proper to try 

the same, to be brought by the treasurer thereof. — [March 2, 1798. 

[Sp. Laws, vol. 2, p. 289; 1825, 63; 1847, 94; 1851, 98; 1858, 130.] 

An Act authorizing the Inhabitants of the Towns of Watertown, Weston and Waltham, 
in the County of Middlesex, to regulate the Taking of the Fish called Shad and Ale- 
wives within the Limits of the said Town. 

Sp. Laws, vol. 2, p. 224. Sect. 1. Be it further enacted, That 
from and after the ninth day of February, which will be in the year 
of our Lord seventeen hundred and ninety-nine, it shall be lawful for 
the inhabitants of the towns aforesaid to sell the right, and regulate 
the times, places and manner of taking the said fish, within the limits 
of said towns, not exceeding, in point of time, three days in each 
week ; and the inhabitants of said towns respectively, at their annual 
meeting in March, are hereby authorized and empowered to a[)point 
agents, whose duty it shall be to carry into execution the purposes of 
this act. 

Sect. 2. Be it further enacted, That there shall be a meeting of 
the agents of said towns, holden annually on the last Monday in 
March, at two of the clock in the afternoon, at the public house in 
said "Watertown which may be situated the nearest the bridge, in 
same town, over Charles River ; at which meeting the agents so chosen 



INLAND FISHERIES. 77 

ma)' agree on the place of holding and the manner of calling any 
intermediate meeting ; may choose a clerk, whose duty it shall be to 
record in a book, kept for that purpose, all votes, regulations and 
orders which may be passed by said agents, or the major part of them, 
during the period for which the}- are chosen ; and at the end of said 
period, it shall be the duty of said clerk to transfer said book to the 
person who may be chosen to succeed him in said office. 

Sect. 3. Be it further enacted^ That the agents aforesaid, at any 
meeting established by this act, or called pursuant to any agreement 
of said agents, may, in behalf of said towns, and for their use and 
benefit, sell the right, and regulate the times, places and manner of 
taking said fish within the towns aforesaid, not exceeding the time 
aforesaid ; and the proceeds of the sale of said right shall, from time 
to time, be divided between said towns, according to the sums they 
shall, respectivel}^ pay towards the maintenance of the bridge, in 
said Watertown, over Charles River; and the said agents shall forth- 
with, after establishing such rules and regulations, and determining hj 
whom said fish may be taken, cause a copy thereof, under their hands, 
to be posted in some public place in each of said towns ; and if any 
person or persons, other than those to whom said right shall be sold 
as aforesaid, shall take any fish of the description aforesaid, within 
the towns aforesaid ; or if any person to whom said right shall be 
sold as aforesaid, shall take any of said fish at any other time, in any 
other place, or in any other manner than shall be expressed in the 
conditions of the sale to him, such person so oflTending shall forfeit 
and pay treble the value of the fish so taken, to be recovered in an 
action on the case, to the use of any person who ma}' sue for the 
same. 

Sect. 4. Be it farther enacted. That if the agents of either of the 
towns aforesaid shall neglect to attend at any meeting, called as 
aforesaid or appointed by this act, the votes passed, and the orders 
and regulation established by the major part of the agents who shall 
attend said meeting, shall be as binding on said towns, and as good 
and valid to all intents and purposes, as they would be were the whole 
of said agents present at said meeting. And in deciding any question 
which may come up before said agents, in executing the duty assigned 
them by this act, one vote only shall be allowed to each town. — 
[March 2, 1798. 

[1815,56; 1825,76.] 



78 LAWS RELATING TO 



[Sp. Laws, vol. 1, p. 250.] 
An Act in addition to an Act entitled " An Act regulating the Taking of the Fish called 
Alewives, in the Town Brook, so called, in the Town of Plymouth," passed the twen- 
tieth day of June, in the year of our Lord one thousand seven hundred and eighty- 
nine. 

Sp. Laws, vol. 2, p. 241. Sect. 1. Be it enacted, That the said 
act to which this is an addition, and all parts, clauses and provisions 
thereof, shall extend to include one other brook in said town of Plym- 
outh, known by the name of Fresh-Pond Brook, in the second precinct 
of said town ; and the taking of the fish aforesaid in Fresh-Pond Brook 
is hereby authorized in tbe same manner and under the same rules, 
regulations and restrictions, in every respect, as the same is author- 
ized in and by the act to which this is an addition, in the aforesaid 
town brook, and no otherwise, anything in said former act notwith- 
standing : provided, nevertheless, that the inhabitants of the town of 
Plymouth may, at their annual meeting in March or April, fix and 
determine at what place in Fresh-Pond Brook said fish may be taken. 
— [June 25, 1798. 

An Act in addition to the several Acts respecting the Proprietors of Middlesex Canal. 
Sp. Laws, vol. 2, p. 24L [A clause from Sect. L] — Provided, 
nevertheless, that nothing herein shall be construed to repeal or annul 
the restrictions under which the said proprietors and corporation are 
laid by former acts, respecting the waters of Shawshine River, or the 
ponds, brooks or streams emptying their waters into tbe same. — 
[June 25, 1798. 

[Sp. Laws, vol. 2, p. 148.] 
An Act in addition to an Act entitled " An Act for regulating the Taking of Shad, Ale- 
wives and other Fish, in Neponset Uiver, and the several Streams from the Ponds 
called Punkapog and Massapog." (March 16, 1797.) 

Sp. Laws, vol. 2, p. 271. Sect. 1. Be it enacted. That the town 
of Stoughton, in the county of Norfolk, may choose a committee to 
inspect the fishery in Neponset River, and the streams aforesaid, in 
the same manner, and who shall be under the same regidations, 
subject to the same duties, and have the same powers, as the like 
committees for the several towns adjoining the aforesaid river and 
streams : and said town of vStonghton shall have their proportionable 
part with the town of Canton, of all profits arising from said fisher}', 
and also of all fines and forfeitures incurred by the breaches of the 
act to which this is an addition, in the same manuer, and to the 
same extent it would have had, had the act, passed the twenty-third 
day of Februar}^ in the year of our Lord one thousand seven hun- 
dred and ninety-seven, entitled " An Act to divide the town of 
Stoughton, in the county of Norfolk, and to incorporate the northerly 



INLAND FISHERIES. 79 

part thereof into a town by the name of Canton," never have been 
passed ; anything in either of the aforesaid acts to the contrary not- 
withstanding. — [Feb. 19,1799. 

[1823, 41.] 

1799. 

An Act to regulate the taking of the said Fish called Alewives, in Monatiquot River, 
in the town of Braintree. 

Sp. Laws, vol. 2, p. 285. Sect. 1. Be it enacted^ That the town 
of Braintree, at their meeting in March or April annually, may and 
they are hereby authorized to regulate the taking of the fish called 
alewives, in Monatequot River, by fixing upon the times, places and 
manner of taking said fish, and the price at which said fish when 
taken may be sold, not exceeding twenty-five cents for one hundred 
fish ; and also to direct their committee to farm out or sell the privi- 
lege of taking said fish ; which regulations, when made, shall remain 
in force for one year next ensuing, and afterwards until new regula- 
tions in manner aforesaid shall be adopted by the town. And it 
shall be the duty of said town, at their aforesaid meeting annually, 
to choose three discreet persons, whose duty it shall be to inspect 
said river, to cause the regulations respecting said fishery to be 
carried into effect, and to prosecute all violations thereof that shall 
come to their knowledge, and who shall also be sworn to the faithful 
performance of their duty, in like manner and under like penalties as 
other town officers. 

Sect. 2. Be it further enacted. That the owners or occupiers of 
dams across said river shall, during the time said fish are passing up, 
open a passage through, over or round their respective dams, suffi- 
cient for the passage of said fish, in the opinion of the committee, 
under penalty of ten dollars for each and every twenty-four hours that 
they shall neglect to open a passage as aforesaid, from and after said 
owner or occupier has been notified and required, in writing, by said 
committee, for the space of two days, so to do. 

Sect. 3. Be it further enacted^ That if any person shall make 
any wear across said river, or cause any obstruction to the free pas- 
sage of said fish, or if an}' person shall presume to take any of said 
fish, except at the places and on the days allowed by the town, or if 
any person other than the purchasers or farmers of the said privilege, 
or those employed by them, shall presume at any time to take an}- of 
said fish, or if the person taking said fish shall sell them at a higher 
rate than the town shall allow, the person so offending shall for each 
offence forfeit and pay a sum not more than five dollars nor less than 
one dollar, at the discretion of the justice before whom the same may. 
be tried. 



80 LAWS RELATING TO 

Sect. 4. Be it further enacted, That all penalties incurred by a 
breacli of any regulations respecting said fishery, may be sued for be- 
fore anj' justice of the peace for the county of Norfolk, b}' the treas- 
urer of said town ; and the committee aforesaid ma}- be competent 
witnesses in an}' prosecution for a breach of this act, notwithstanding 
they ma}' be complainants in said prosecution. 

Sect. 5. Be it further enacted. That all fines rccoA^ered for the 
breach of this act shall be for the use of the town of Braintree. 

Sect. 6. Be it further enacted, That the committee chosen b}^ vir- 
tue of this act shall be compensated for their service b}' the town of 
Braintree, at such rate as the town shall agree upon at the time they 
are chosen. — [March 1, 1799. 

[1812, 154; 1817, 151.] 

[Sp. Laws, vol. 2, p. 222.] 
An Act in addition to and for the Amendment of an Act entitled "An Act to prevent 
the Destruction and to regulate the Catching of the Fish called Alewives, in the Riv- 
ers and Streams in the Town of Falmouth, in the County of Barnstable." 

Sp. Laws. vol. 2, p. 289. Be it enacted, That the committee to be 
chosen conformably to the act to which this is in addition, be and 
they hereby are authorized to permit the taking of said fish five days 
in a week, if they see fit, during the period provided by said act for 
said rivers and streams to be kept open, anything in said act to the 
contrary notwithstanding. — [March 1, 1799. 

An Act regulating the Taking of the Fish called Alewives in Island Creek Brook (so 
called), in the Town of Duxbury. 

Sp. Laws, vol. 2, p. 289. Sect. 1. Be it enacted. That the fish 
called alewives may be taken from two rods below the bridge over 
said brook, and as far up said brook as the width of the road, com- 
monly called Plj-mouth road, and shall not be taken in any other 
part thereof, and at such times only as the committee, who may be 
appointed by said town as is hereafter provided, may direct. 

Sect. 2. Be it further enacted, That the inhabitants of said town 
of Duxbury, at their meeting for the choice of town officers in March 
or April annually, be and they hereby are authorized and directed to 
appoint three or five persons a committee to oversee the taking said 
fish as aforesaid, which committee shall distribute the fish taken by 
them, or under their direction, as equally as circumstances will admit, 
to such of the inhabitants of said town as may apply for the same ; 
and for the fish so supplied and delivered, the committee aforesaid 
shall demand and receive of the person or persons applying therefor, 
payment at such rate or rates as the inhabitants of the said town, at 
their annual meeting in March or April, may direct, excepting of such 
poor persons as may be named in a list to be annually made out by 



INLAND FISHERIES. 81 

the selectmen of said town, and who, in the opinion of the selectmen, 
are unable to pa}' for the same, which list shall be given to the com- 
mittee, and the person or persons borne on the same shall be sup- 
plied with such quantities of said fish gratis, as the committee may- 
think expedient. And tiie committee aforesaid shall have such allow- 
ance for their services as the inhabitants of said town, at the time of 
appointing said committee, shall determine ; and shall annually, in 
the month of September next following their appointment, exhibit 
their accounts to the selectmen of said town for settlement and allow- 
ance, and pay the balance remaining in their hands, if any, to the 
treasurer of the town of Dnxbury, for the town's use. 

Sect. 3. Be it further enacted, That the said committee, or the 
major part of them, be and herebj' are authorized and empowered to 
open any dam or the sluice of any mill or other water-works erected, 
or that may be erected, on or over said brook, at the expense of the 
owner or owners of such dam or sluice, provided such owner or own- 
ers shall neglect to open the same when thereto required b}' said com- 
mittee, or the major part of them as aforesaid ; and the dam or sluice 
that may be so opened shall continue open to such depth and width, 
and for so long a time as the said committee or the major part of them 
shall judge necessary ; and if any person or persons shall obstruct the 
passage wa}' allowed or ordered b}' the said committee or the major 
part of them, in any dam or sluice-wa}^ or shall obstruct the, passage 
of said fish in any other part of said brook than is permitted by this 
act, such person or persons so oflfending shall forfeit and pa}' a .sum 
not exceeding one hundred and fifty dollars nor less than thirty dol- 
lars. 

Sect. 4. Be it further enacted, That if any person or persons, 
other than the said committee, or such persons as shall be by them 
employed, shall take any of the said fish in the said brook, or any 
part of it, at any time, or by any means whatsoever, each person so 
offending shall forfeit and pay a sum not exceeding ten dollars nor 
less than two dollars for every such offence. 

Sect. 5. Be it further enacted, That all penalties incurred by the 
breach of this act may be sued for and recovered by the treasurer of 
the town of Duxbury, for the time being, in any court in the county 
of Plymouth proper to try the same ; and all sums so recovered shall 
be appropriated to the use of said town ; and in case any minor or 
minors shall offend against any part of this act, and thereby incur any 
or either of the penalties aforesaid, in all such cases the parents, 
masters or guardians of such minor or minors shall be answerable 
therefor ; and in case of a prosecution of such minor or minors for 
any offence, the action shall be commenced against the parent, master 
or guardian of such minor or minors respectively, and judgment be 



82 LAWS RELATING TO 

rendered against an_y parent, master or guardian in such case, in the 
same manner as for his or tlieir personal offence. 

Sect. 6. Be it further enacted, That no person, b^' reason of being 
an inhabitant of said town, or one of said committee, shall be hereby 
disqualified from being a witness in any prosecution for a breach of 
this act. 

Sect. 7. Be it further enacted, That all laws heretofore made and 
provided for regulating the alewive fishery on said brook, be and the 
same are hereby repealed. — [March 1, 1799. 

1800. 

An Act for regulating the Alewive Fishery in the Gulf Stream, so called, that runs be- 
tween the towns of Scituate in the County of Plymouth, and Cohasset in the County 
of Norfolk. 

Sp. Laws, vol. 2, p. 375. Whereas the town of Scituate has legally 
granted to Elisha Doane, his heirs and assigns forever, all their right, 
title and interest in and to the said Gulf Stream, on certain conditions 
in that grant specified ; and whereas the town of Cohasset hath legally 
granted to the said Elisha Doane and Isaac Smith, their heirs and 
assigns forever, all their right and title in and to the said Gulf Stream, 
on certain conditions in their grant mentioned ; which said conditions, 
stipulated by said towns, appear to have been complied with on the 
part of said Doane and Smith ; and whereas the said Doane hath 
agreed " that if the flood-gates of the said Doane's mill-dam should 
not, in the passage of the said fish up the stream, open during the 
flood-tide, by reason of the water above, the proprietors of said mill 
shall draw off so much water from the mill-pond as to cause said gates 
to open on the flood-tide ; and if the proprietors of said mill shall 
refuse or neglect to draw off said water from said pond sufficient for 
the gates to open as aforesaid, the fish-wardens hereafter mentioned, 
duly authorized for that purpose, they shall have authority to draw 
off from said pond so much water as to cause said gates to open as 
aforesaid, in such manner as shall be least detrimental to the propri- 
etors of said mill " : 

Sect. 1. Be it enacted, That from and after the passing this act, 
the selectmen of the towns of Scituate and Cohasset shall be fish- 
wardens, and shall be sworn as other town officers, and shall be under 
like penalties in case of refusal ; said wardens shall have authority 
to regulate the times and places and manner of taking said fish ; and 
also the prices at which said fish may be sold, not exceeding twenty- 
five cents for each hundred ; also to farm out or sell for one year, after 
giving public notice in each of said towns, the privilege of taking said 
fish, under such regulations as the wardens shall previously establish ; 
and it shall be the duty of said wardens to cause to be removed all 



INLAND FISHERIES. 83 

obstructions to the passage of said fish up to the pond where they 
usually cast their spawn, and to open, or cause to be opened, sufficient 
sluice-ways or passages for said fish through the mill-dams that now 
are or that hereafter may be directed above said Doaue's mill, at the 
expense of the owners thereof: provided, that the said wardens shall 
exercise no authority at said Doane's mill than what is conceded by 
said Doane, and is contained in the preamble of this act. 

Sect. 2. Be it farther enacted^ That if any person shall shut any 
sluice-ways, or make any wears or other obstruction to the free pas- 
sage of said fish, during such parts of the months of April and Ma}' 
annually, as the wardens shall determine to be necessary for the free 
passage of said fish, the person so oflJ'ending shall forfeit and pay a 
sum not exceeding one hundred dollars, and if au}' person shall break 
any of the regulations established by said wardens, the person olfend- 
ing therein shall forfeit and pay a sum not exceeding ten dollars. 

Sect. 3. Be it further enacted, That it shall be the duty of the 
fish- wardens to prosecute for all breaches of this act, and for all such 
regulations as shall be established in pursuance thereof, in any court 
proper to try the same, either in the county of Plymouth or Norfolk. 

vSect. 4. Be it further enacted, That the proceeds of said fishery, 
as well as the amount of all fines recovered by said wardens, shall 
equally accrue to the said towns of Scituate and Cohasset, and be 
paid to the respective treasurers of said towns. 

Sect. 5. Be it further enacted, That any fish-warden, as well as 
any inhabitant of the respective towns of Scituate and Cohasset,. may 
be a competent witness in any prosecution under this act. — [March 
4, 1800. 

[Sp. Laws, vol. 2, p. 450.] 

[Sp. Laws, vol. 1, p. 422.] 
An Act in addition to an Act, entitled " An Act to prevent the Destruction of the Fish 
called Alewives, in Taunton Great River, so called, in the County of Bristol, and also 
to regulate the Catching the said Fish therein for the future." 

Sp. Laws, vol. 2, p. 381. Sect. 1. Be it enacted, That no two 
seines or drag-nets shall be set, used or drawn in said river, so that in 
drawing or sweeping with said two seines or drag-nets, any two points 
of said river, lying and being within twenty rods of each other, shall 
b}' diflferent seines or drag-nets be drawn over, or swept on the same 
day. And any person or persons who shall ofl'end herein by approach- 
ing within twenty rods of any part of the river, that shall have been 
occupied by another seine or drag-net on the same day, shall forfeit 
and pay for each oflTence the same sum, to be recovered in the same 
manner, and to the same uses as is provided for using seines and 
drag-nets, contrary to the act to which this is in addition. — [March 
4, 1800. 



84 LAWS RELATING TO 

1801. 

[Sp. Laws, vol. 1, p. 512.] 

An Act for providing a Passage for Fish from Mystic River to Ell Pond, so called, in 
the Town of Maiden. 

Sp. Laws, vol. 2, p. 431. Whereas sundiy inhabitants of the town 
of Maiden, and Samuel Tufts, have made an agreement respecting 
the passage of fish in the waters leading from Mystic River to Ell 
Pond, in said town : 

Sect. 1. Be it enacted, That it shall and may be lawful for 
Cotton Sprague and others, being sundry inhabitants of the westerly 
part of Maiden, who have petitioned this court to adopt some measure 
for securing a passage for shad and alewives from Mystic River to 
Ell Pond, so called, in said Maiden, at their own expense, to con- 
struct a passage-way for ^aid fish, over the mill-dam of Samuel Tufts, 
which stands on the stream leading from said pond, and for that pur- 
pose to cut away so much of the waste-board between the two eastern- 
most posts of said dam as to reduce the same four inches below his 
ri^ht to flow, so as to admit of said passage-way to pass over said 
dam in that place, and so up said stream ; which said passage-way 
shall be built and kept in repair, for the term of five years from the 
passing of this act, from the tenth day of April to the twentieth day 
of May inclusive, in each year, at the expense of said petitioners, 
unless at any time said passage-way should be wantonly or maliciously 
injured or destroyed, in which case it shall be the duty of the inhab- 
itants of said town of Maiden to rei)air the same ; and if the inhab- 
itants of said town shall neglect or refuse to repair the same accord- 
ingly, within seven days after the same shall have been injured as 
aforesaid, it shall be lawful fur any one or more of said petitioners 
forthwith to repair the same, and to recover of said inhabitants 
double the expense of such repairing, with costs of suit, by an action 
on the case, in any court proper to try tlie same. 

Sect. 2. Be it further enacted, That it shall be the duty of the 
said Samuel Tufts, during the said term of five years, to keep his 
said dam in as good repair as it now is ; and if at an}- time the same 
shall be out of repair, and he shall not repair the same in a reasonable 
time, that it shall and may be lawful for any one or more of the peti- 
tioners to repair the same, and to recover of said Samuel Tufts 
double the amount of the expense thereof with costs of suit, by an 
action of the case, in any court proper to try the same ; and also, 
that the said Samuel Tufts shall not improve any mill, from the 
fifteenth day of April to the fifteenth day of May annually, except 
his mills for grain. 



INLAND FISHERIES. 85 

Sect. 3. Be It farther enacted, That it shall be lawful for said town 
of Maiden, at their annual meeting in March or April annually, dur- 
ing said term, to choose a committee of three, five or seven freeholders 
of said town, whose duty it shall be, and they or the major part of 
them are hereby empowered to keep the stream aforesaid free and 
clear of all obstructions to the passage of said fish through the whole 
course of said stream from Mystic River to Ell Pond : provided, that 
nothing herein contained shall give said committee any right to 
destroy or impair said mill-dam : provided, also, that nothing in this 
act contained shall be so construed as in any manner to affect anj- 
interest in said stream, or the privileges or appurtenances thereto 
belonging, claimed b}' said town or said Samuel Tufts. 

Sect. 4. Be it fmther enacted, That during the said term of five 
years, it shall not be lawful for any person to take any shad or ale- 
wives in said stream, oftener or more than two days in each week, 
viz. : from sunrise on Monday to sunrise on Tuesday morning ; and 
from sunrise on Friday morning to suniise on Saturday morning, in 
each week. And if any person shall oifend against this prohibition, 
he shall forfeit and pay the sum of ten cents for each fish which he 
may so take, to be recovered, with costs of suit, by any one or more 
of said committee who may first sue for the same, by action of debt 
in an}- court proper to try the same ; one half of which forfeiture shall 
enure to the use of said town, and the other half to him or them who 
may sue therefor. 

Sect. 5. Be it fur titer enacted, That this act shall continue and be 
in force for and during the term of five years next after the passing 
the same, and no longer, except as to an}' prosecutions for any penal- 
ties, or actions for recovery of any expenses which may then be 
depending according to the provisions thereof. — [March 7, 1801. 

[Sp. Laws, vol. 2, p. 105.] 

An Act in addition to an Act, entitled " An Act to regulate the Alewive Fishery in the 
Town of Bridgewater, in the County of Plymouth, and for repealing all Laws here- 
tofore made for that purpose," passed in the year of our Lord one thousand seven 
hundred and ninety-seven. 

Sp. Laws, vol. 2, p. 433. Whereas it is represented to this court, 
that by reason of the broken state of the dam, at a place called the 
Great River Mills, in Bridgewater, it is impracticable to take fish at 
said place ; therefore. 

Sect. 1. Be it enacted. That it shall and may be lawful for the 
town of Bridgewater, the present year only, to take said fish at such 
times and places as Avere provided by an act entitled " An Act for 
regulating the Alewive Fishery in the Town of Bridgewater, in the 
County of Plymouth, and for repealing all laws heretofore made for 



86 LAWS RELATING TO 

that purpose," passed the ninth day of March, in the 3ear of our Lord 
one thousand seven hundred and ninety-one, the law to which this is 
an addition to the contrary notwithstanding : provided, said town 
shall at their annual meeting in March instant, vote the same, which 
the town are hereby authorized to do at said meeting ; any law to the 
contrary notwithstanding. — [March 7, 180L 

An Act for regulating the Taking and Disposing of the Fish called Alewives within the 
limits of the Town of Wejmouth, and for the more effectually securing to the said 
Town the advantages thereof. 

Sp. Laws, vol. 2, p. 434. Whereas the town of Weymouth, in the 
county of Norfolk, at a very considerable expense, purchased and 
opened a passage for the fish called alewives into Whitman's Pond 
and the Great Pond, so called, being wholl}' within said town, and 
conveyed into them a number of said fish, whereby a great increase 
has arisen ; it is therefore but just and reasonable that the benefits 
arising from the taking and disposing of the said fish should be 
wholly vested in the said town ; wherefore, 

Sect. L Be it enacted, That the taking and disposing of the 
said fish called alewives shall be under the care and management of a 
committee of the said town, who shall dispose of them in such man- 
ner, for the benefit of said town, as they shall judge best, and account 
with the treasurer of said town for the proceeds thereof, on or before 
the first day of November annuall}', and the money arising therefrom 
shall be appropriated to the use of schooling in said town ; and the 
said committee shall have a reasonable allowance for their service, 
and lay their accounts before the selectmen of said town for allow- 
ance and approbation ; and the said committee shall consist of five 
freeholders, chosen b}' ballot in the months of March or April annu- 
ally, who shall be sworn to the faithful discharge of their duty ; and 
if an}^ person chosen to serve on the said committee shall refuse to 
serve, or if chosen shall neglect to take said oath for the space of 
seven days after being legally notified of such choice, he shall forfeit 
and pay to the use of said town the sum of ten dollars. 

Sect. 2. Be it farther enacted. That the said committee, or either 
of them, shall have full power and authority to remove from or out 
of the river, brooks or streams leading to the said ponds, au}- ob- 
structions that may be made to the free passing of the said fish into 
the said ponds, or repassing from them into the sea ; and the said 
committee's going, or either of them, on to the land of any person 
or persons for this purpose, shall not be deemed or lield as a trespass ; 
and the said committee, or the major part of them, shall determine 
the particular places where the said fish shall be taken, and give pub- 
lic notice thereof by posting up one or more notifications in some 



INLAND FISHERIES. 87 

conspicuous place or places in the s'aid town, on or before the first 
day of May annually : provided, however, that the said fish shall not 
be taken on an}^ other days than Mondays, Wednesdays and Fridays, 
between the rising and setting of the sun on said days, nor by any 
other instrument or ways than by a scoop or dip-net. 

Sect. 3. Be it further enacted, That no person shall catch or take 
any of the said fish in any of the rivers, brooks or streams leading 
to or from the said ponds, without the direction or leave of the said 
committee, or the major part of them ; and whoever shall presume, 
at any time hereafter, to take, kill or haul ashore any of the said fish, 
with seines or drag-nets, in either of the ponds aforementioned, or in 
Weymouth Back River, so called, or in the river, brooks or streams 
through which the said fish pass into the said ponds, or shall with any 
seines or drag-nets, or in any other way obstruct the passage of the 
said fish to or from the said ponds, or either of them, or shall ob- 
struct the said committee, or either of them, in the execution of their 
duty, in all and every of these cases the offender shall for each offence 
forfeit and pay a sum not exceeding thirteen dollars nor less than ten 
dollars ; and in case the offence be committed in the night, a sum not 
exceeding thirty dollars nor less than twenty dollars. 

Sect. 4. Be it further enacetd, That it shall be the duty of the 
said committee to give notice to the treasurer of the said town of 
Weymouth of all offences committed against this act that shall come 
to their knowledge ; and the treasurer thereof is hereby vested with 
full power and authorit}' to sue for and recover, from time to tittie, 
all fines and forfeitures incurred by any breach of this act, in any 
court proper to try the same ; and such fines and forfeitures shall be 
to the use of the said town, saving where any person shall give infor- 
mation of any breach of this act, the informer, upon conviction of 
the offender, shall be entitled to one-third part of the forfeiture ; and 
no person shall be considered as disqualified from being an evidence 
on any trial that may be had pursuant to this act on account of his 
being an inhabitant of the said town of We3'mouth, or of his being 
one of the committee aforesaid. 

Sect. 5. Be it further enacted. That an act passed in the year of 
our Lord one thousand seven hundred and eighty-eight, entitled '• An 
Act empowering the town of Weymouth to regulate and order the 
taking and disposing of the fish called shad and alewives within the 
limits of that town," be and the same is hereb}' repealed, except for 
the purpose of recovering any fines or forfeitures that m-ay have been 
incurred under the said act. — [March 7, 1801. 

[1825, 48 ; 1836, 198 ; 184G, 92.] 



88 LAWS RELATING TO 

An Act to regulate the Alewive P'ishery in the Brook running out of Wakepee Pond 

(so called) into the Sea, in the Indian Plantation, called Marshpee, in the County 
of Barnstable. 

Sp. Laws, vol. 2, p. 436. Sect. 1. Be it enacted, That the over- 
seers of the Indian plantation of Marshpee, or any two of them, shall 
annuall}' appoint one or more suitable person or persons to inspect said 
brook, and to open, or cause to be opened, a sufficient passage-way for 
the fish to pass and repass through any mill-dams that now are or ma}- 
be hereafter erected : provided, the owners of an}' such dams shall 
refuse or neglect to open such sufficient passage-wa}' themselves, and 
cause the same to be kept open from the first day of April to the 
twenty-fifth day of May annually, and to prevent any wears or ob- 
structions of any kind which may be made across said brook, or any 
part thereof, which may impede the passage of said fish. And said 
committee shall regulate the times and places for taking said fish, 
giving liberty to the Indian inhabitants to take as many of said fish 
as ma}' be needful for their own use. 

Sect. 2. Be it further enacted, That if any person or persons 
shall erect any wear, or obstructions of any kind, across said brook, 
so as to obstruct the passage of said fish, he or they so offending 
shall forfeit and pay a sura not exceeding ten dollars nor less than 
three dollars for each offence. 

Sect. 3. Be it further enacted, That any person not an inhabi- 
tant of the said plantation, who is desirous of purchasing any of the 
said fish, such person shall pay a sum not exceeding twenty-five cents 
for each hundred, to be delivered them by such person or persons as 
the said committee shall a})point. and the proceeds of the same shall 
be applied to the exclusive benefit of the said Indian and mulatto 
inhabitants of said plantation. 

Sect. 4. Be it further enacted. That all forfeitures and penalties 
which may be incurred by any breach of this act, shall be recovered 
by any one or more of the said board of overseers of the said Indian 
plantation, in any court in the said county of Barnstable proper to 
try the same ; and all such forfeitures shall be applied to the exclu- 
sive benefit of the said Indian and mulatto inhabitants of said plan- 
tation of Marshpee. — [June 13, 1801. 

[Sp. Laws, vol. 3, p. 111.] 

[Sp. Laws, vol. 2, p. 375.] 
An Act repealing part of an Act entitled " An Act for Regulating the Alewive Fishery 
in the Gulf Stream, so called, which runs between the Towns of Scituate, in the 
County of Plymouth, and Cohasset, in the County of Norfolk," passed the fourth day 
of March In the year of our Lord eighteen hundred. 

Sp. Laws, vol. 2, p. 450. Whereas the beneficial effects contem- 
plated by the act aforesaid have not been produced thereby : 



INLAND FISHERIES. 89 

Sect. 1. Be it enacted, That the aforesaid act, so far as it pro- 
vides that the selectmen of the towns of Scituate and Cohasset shall 
be fish-wardens, and so far as it respects the opening sluice-wa3'S 
through the mill-dams that now are, or that may hereafter be erected, 
above the mill-dam erected by Elisha Doane and others, be and hereby 
is repealed. — [June 19, 1801. 

1802. 

[Sp. Laws, vol.1, p. 313.] 

An Act in addition to the several Acts now in force, regulating the Taking of the Fish 

called Alewives in the Town of Middleljorougb. 

Sp. Laws, vol. 2, p. 469. Whereas doubts have arisen whether the 
inhabitants of the said town of Middleborough are authorized by 
law to agree with and hire any person or persons to take said fish 
and sell them at the price stipulated by law, and to account with 
the said inhabitants for the net proceeds of the same : therefore. 

Sect. 1. Be it enacted, That from and after the passing of this 
act it shall and may be lawful for the inhabitants of said town, at 
any legal meeting called for that as well as other purposes, by them- 
selves or a committee chosen by them for that purpose, to agree with 
and hire such person or persons as they may deem proper, to take 
said fish at any and all of the fishing places in said town, and to dis- 
pose of them at the price stipulated by law, being accountable to the 
inhabitants of said town for the net proceeds of the same. — [Jan. 21, 
1802. 

[Sp Laws, vol. 2, p. 105.] 
Ax Act in further addition to an Act entitled " An Act to regulate the AlcAvive Fishery 
in the Town of Bridgewater, in the County of Plymouth, and for repealing all Laws 
heretofore made for that purpose," passed in the year of our Lord one thousand seven 
hundred and ninetj'-seven. 

Sp. Laws, vol. 2, p. 495. Sect. 1. Be it enacted, That it shall 
and may be lawful for the town of Bridgewater, in the county of 
Plymouth, hereafter to take the fish called alewives in said town, at 
such times and places as were provided in an act entitled " An Act 
for regulating the ale-wive fishery in the town of Bridgewater, in the 
county of Ph^mouth, and for repealing all laws heretofore made for 
that purpose," passed the ninth day of March, in the year of our 
Lord one thousand seveu hundred and ninet^'-one ; any law to which 
this is in addition to the contrary notwithstanding. — [February 27, 
1802. 



90 LAWS RELATING TO 

An Act tu prevent the Uestruction of the Fish called Alewives, in tlieir passage up ;ind 
down in the River and other Streams in the Town of Kingston, in the County of Plym- 
outh, and for regulating the Taking and Disposing of said Fish, and for repealing an 
Act entitled " An Act to prevent the Destruction of the Fish called Alewives, in their 
passage up the Rivers and Streams in the Town of Kingston, in the County of Plym- 
outh." 

Sp. Laws, vol.2, p. 502. Sect. 1. Beit enacted^ That the inhabit- 
ants of said town of Kingston, at theii* annual meeting in March or April, 
be and are hereby authorized and empowered to choose a committee 
of five or more persons, to see that the laws respecting the passage- 
ways for said fish be observed ; and each person so chosen shall take 
an oath faithfully to discharge the duties required of him b}' law ; 
and the said committee shall oversee the taking of said fish in said 
town, and shall distribute the fish taken by them, or under their direc- 
tion, as equally as circumstances will admit, to such of the inhabitants 
of said town as maj' apply for the same ; and for the fish so supplied 
and delivered, the committee aforesaid shall demand and receive of 
the person or persons receiving said fish, paj-ment therefor, at such 
rate or rates as the inhabitants of said town, at their annual meeting 
• in March or April, may direct ; excepting of such poor persons as 
may be named in a list, annually to be made out by the selectmen of 
said town, and who in the opinion of the selectmen are unable to pay 
for the same ; which list shall be given to the committee, and such 
persons borne on the same shall be supplied with such quantities of 
said fish, gratis, as the committee may think expedient. And the 
committee aforesaid shall have such allowance for their services as 
the inhabitants of said town, at the time of appointing said committee 
shall determine ; and shall annually, in the month of September next 
following their appointment, exhibit their accounts of the selectmen 
of said town for settlement and allowance, and pay the balance 
remaining in their hands, if any there be, to the treasurer of the town 
of Kingston for the town's use. 

Sect. 2. Be it farther enacted, That the said committee, or the 
major part of them, be and are hereby authorized and empowered to 
open any dam, or the sluice of au}' mill or other water-works, erected 
or that may be erected on or across the river, or an}- of the streams 
in said town, at the expense of the owner or owners of such dam or 
sluice : provided, such owner or owners shall neglect to open the 
same when thereto required b}' said committee, or the major part of 
them, as aforesaid. And the said committee shall also have full 
power to remove any other obstructions that ma}' be made to the free 
passage of said fish, in the rivers and other streams into the several 
ponds 'in said town, and for their repassing from said ponds into the 
sea. And the said committee, or either of them, going or passing on 



INLAND FISHERIES. 91 

or across the lands of any person, for any of the aforementioned pur- 
poses, shall not be deemed or held as a trespass ; and any dam, or 
sluice, or passage-way that may be opened as aforesaid, shall con- 
tinue open, to such depth and width, and for such length of time, as 
shall be necessary for the passing and repassing of the said fish as 
aforesaid. And if any person or persons shall obstruct the passage- 
way allowed or ordered b}' said committee, or the major part of them, 
in any dam or sluice-way, or shall obstruct the passage of them in the 
river, or any of the streams in said town, such person or persons 
so offending, shall forfeit and pay a sum not exceeding one hundred 
dollars, nor less than fifty dollars. 

Sect. 3. Be it further enacted, That if an}' person or persons, 
other than the said committee, or such persons as shall be by them 
employed, shall take any of the said fish, in the river or in any part 
of any of the streams in said town, at any time, or by any wa3's or 
means whatsoever, each person so offending shall forfeit and pay a 
sum not exceeding twent^'-five dollars, nor less than five dollars for 
ever}' such offence. 

Sect. 4. Be it further enacted, That the town of Kingston, at 
their meeting in March or April annually, shall appoint particular 
places in each stream in said town where said fish may be taken ; and 
no committee-man or person by them employed, or purchaser, shall 
be deemed a trespasser in going on the lands of any person in order 
to take said fish, on their paying a reasonable compensation therefor, 
if required. And the committee chosen as aforesaid, shall appoint 
certain days in each week, from the first da}" of April annually, not 
exceeding four for four weeks successively, when the said fish shall 
be taken ; and shall put up notifications in two public places in said 
town, of the times and places for taking said fish, before the tenth 
day of April annually. 

Sect. 5. Be it further enacted, That all penalties incurred by a 
breach of this act, may be sued for and recovered by the treasurer of 
the town of Kingston, for the time being, in any court in the county 
of Plymouth proper to try the same ; and all sums so recovered shall 
be appropriated to the use of said town. And in case any minor or 
minors shall offend against any part of this act, and thereby incur 
any of the penalties aforesaid, in all such cases the parents, masters 
or guardians of such minor or minors shall be answerable therefor ; 
and in case of a prosecution of such minor or minors for any such 
offence, the action shall be commenced against the parents, masters 
or guardians of such minor or minors respectively, and judgment be 
rendered against any parent, master or guardian in such case, in the 
same manner as for his or their personal oflfence. And no person by 
reason of being an inhabitant of said town, or one of said committee, 



92 LAWS RELATING TO 

shall be thereby disqualified from being a witness in any prosecution 
for a breach of this act. 

Sect. 6. Be it further enacted, That an Act entitled " An Act to 
prevent the destruction of the fish called alewives, in their passage 
up the rivers and streams in the town of Kingston, in the county of 
Phmouth," passed on the eighth day of November, in the year of our 
Lord one thousand seven hundred and eighty-five, be and the same is 
hereby repealed.— [March 3, 1802. 

[1819, 125; 1857, 85.] 

An Act to regulate the Alewive Fishery in the Towns of Lynn, Lj'^nnfield and Reading, 
in the Counties of Essex and Middlesex, and for repealing all Laws heretofore made 
for that purpose. 

Sp. Laws, vol. 2, p. 504. Sect. L Be it enacted, That it shall and 
may be lawful for the towns of Lynn and Lynnfield respectively, in the 
county of Essex, and the town of Reading, in the county of Middlesex, 
annuall}', at an}' legal meeting of the inhabitants of said towns, to sell 
or otherwise dispose of the privilege of taking the said fish within their 
respective limits, at such times, not exceeding three days in a week, 
and places, and under such regulations as the said towns shall respec- 
tivel}' direct ; and the emolument arising from said privilege shall be 
severally appropriated by said towns to such purposes and uses as the 
inhabitants thereof shall in town meeting from time to time determine. 

Sect. 2. Be it further enacted. That if the purchaser or pur- 
chasers, manager or managers, or those employed b}' them, shall 
presume to take aay of the said fish at any other time or place in said 
towns, or any of them, than shall be by said towns respectively deter- 
mined ; and if any other person or persons whatever, except the pur- 
chaser or purchasers, manager or managers of said privilege, or those 
employed by them, shall presume to take or catch anj' of said fish in 
any of the rivers or streams within the boundaries of said towns 
respective!}', otherwise than may be by said towns respectively deter- 
mined, he or they so offending shall, for each ofl!"ence, forfeit and pay 
a sum not exceeding thirteen dollars, nor less than one dollar, at the 
discretion of the justice before whom the same shall be tried. 

Sect. o. Be it further enacted, That if the purchaser or pui-- 
chasers, manager or managers of said privilege shall, when in his or 
their power, neglect or refuse to supply any person or persons with 
said fish, when green, in any quantity not exceeding one hundred to 
any one person who may apply therefor, at such rates as shall be 
determined by said towns respectively, not exceeding twenty-five 
cents for one hundred of said fish, he or they so offending shall for 
each offence forfeit and pay the sum of one dollar ; and if any person 
shall ask, demand and receive more than twenty-five cents for one 
hundred of said fish, and in that proportion for a less number, at the 



INLAND FISHERIES. 93 

landing where said fish are taken, he or they so offending shall, for 
each offence, forfeit and pay the sum of one dollar. 

Sect. 4. Be it furtJier enacted,^ That the said towns of Lynn, 
Lynnfield and Reading shall, at their respective annual meetings in 
March or April, severally choose a committee, not exceeding nine, 
nor less than three, freeholders of said towns, who shall be sworn or 
affirm to the faithful discharge of the duties enjoined upon them by 
this act ; and it shall be the duty of the said committee to cause the 
natural course of the rivers, passage-ways or streams through which 
said fish pass, to be kept open and without obstruction, during the 
whole time said fish pass up or down in said rivers, passage-ways or 
streams in each year, and to remove an}^ such as shall be found 
therein ; and to make the said passage-ways wider and deeper, if 
the}' or the major part of them shall judge it necessar}' ; and the said 
several committees, or any two of either of them, paying a reasonable 
compensation therefor, if demanded, shall have authority, in dis- 
charging the duties enjoined upon them l>y this act, to go on the 
lands and meadows of any person through which such rivers, passage- 
ways or streams run, or into any building, mill or other water-works 
on said rivers or streams, without being considered as trespassers ; 
and any person who shall molest or hinder the said committees, qr 
either of them, in the execution of the business of his or their office, 
or shall obstruct any passage-way in the said rivers or streams, other- 
ways than ma}' be allowed by the said committees, or a major part 
of them respectiveh', he or they so offending shall forfeit and pa}' for 
every such offence a sum not exceeding ten dollars, nor less than one 
dollar, at the discretion of the justice before whom the same shall be 
tried : j:)/-oyidec?, nevertheless, that nothing in this act shall be con- 
sidered as authorizing the said committees to injure the proprietor of 
any mill or water-works further than is necessary in order to give the 
said fish a good and sufficient passage up the said rivers. 

Sect. 5. Be it further enacted, That it shall be the duty of the 
said committees respectively, to prosecute all breaches of this act, and 
for any two of them to seize and detain in their custody any net which 
may be found in the hands of any person using the same, contrary to 
the true intent and meaning of this act, until the person so offending 
makes satisfaction for his offence, or is legally acquitted therefrom ; 
and also to seize to the use of their respective towns, all such fish as 
they shall suspect to have been taken contrary to the provisions of 
this act, unless the person in possession thereof can give satisfactory 
evidence to such committee that said fish were lawfully taken. 

Sect. 6. Be it further enacted, That all penalties incurred by 
any breach of this act shall be recovered by an action on the case, 
before any justice of the peace within and for the county where the 



94 LAWS DELATING TO 

ofl'ence shall be committed, allowing an appeal to the court of common 
pleas of the same county ; and all sums of money recovered to either 
of the said towns as forfeited by this act, shall be for the support of 
the poor of the said towns respectively ; and no person by reason of 
his being one of either of the said committees respectively, or an 
inhabitant of either of the said towns, shall be thereby disqualified 
from being a witness in any prosecutions for a breach of this act. 

Sect. 7. Be it further enacted. That all laws heretofore made for 
regulating the fishery in the said towns of L3'nn, Lynnfield and Read- 
ing, with joimt or separate authority, are hereb}^ repealed. — [March 
3, 1802. 

[Sp. Laws, vol. 3, p. 198; 1823, 97; 1852, 48.] 

[Sp. Laws, vol. 1, p. 313.] 
An Act for the preservation and regulating the taking of Fisb called Alewives, in 
the Brook running from the West Quitticus Pond to the East Quitticus Pond, near 
the line between the Towns of Middleborough and Rochester, in the County of 
Plymouth. 

Sp. Laws, vol. 2, p. 516. Sect. 1. Be it enacted, That the said towns 
of Middleborough and Rochester shall annually, at a regular town meet- 
ing, respectively choose an agent, whose duty it shall be annually to 
sell at public auction the privilege of taking said fish at said brook, on 
Tuesdays, Wednesdays and Thursdays in each week, and publish 
their conditions of sale, wherein said agents shall express the price at 
which the purchasers shall sell said fish, which shall be at the rate of 
twent^'-five cents per hundred, and also the manner of taking and dis- 
posing of the same. 

Sect. 2. Be it further enacted. That the agent of the said town of 
Middleborough the first year, aud the agent of the said town of 
Rochester the second year, and so on alternately forever, shall notify 
the town clerk of the other town concerned in said fishery, of the time 
and place in which said agents shall meet, ten days at least before the 
time of meeting. 

Sect. 3. Be it further enOtCted, That if either of said towns shall 
neglect to choose their respective agents as aforesaid, or if either of 
such agents shall neglect to give notice to the other, as above re- 
quired, such delinquent town or agent shall forfeit and pay, to the 
use of the town which shall choose such agent, for each offence the 
sum of thirty dollars. 

Sect. 4. Be it further enacted. That all persons who shall take an}' 
of said fish in said brook, and be thereof convicted before any court 
proper to try the same, shall forfeit and pay a sum not less than two 
nor more than ten dollars ; except the purchaser or purchasers as 
aforesaid, or those employed bj' them, who shall have liberty to take 
said fish on said days. 



INLAND FISHERIES. 95 

Sect. 5. Be it farther enacted, That it shall be the duty of the said 
agents, or any other person chosen by the said towns of Rochester and 
Middleborough respectively, to sue for the recovery of any forfeiture 
incurred by the breach of the regulations provided in this act ; and 
also of such further regulations as may from time to time be provided 
and established b}' said agents. And all fines and forfeitures re- 
covered for any breach aforesaid, except such as are mentioned in the 
third section of this act, shall, together with the net proceeds of said 
fishing, be equally divided between said towns ; and the treasurers of 
the towus aforesaid respectivel}', may, in behalf of their respective 
towns, recover in an action on the case, of any person or persons, 
corporation or corporations withholding the same, one moiety thereof, 
in any court proper to try the same. 

Sect. 6. Be it further enacted, That the purchasers of the privilege 
of taking said fish as aforesaid, shall in all respects conform themselves 
to such regulations and conditions as said agents shall publish in their 
conditions of sale as aforesaid, and in failure thereof shall forfeit and 
pay for each offence a fine not exceeding one hundred nor less than ten 
dollars. 

Sect. 7. Be it further enacted, That either of the agents for the 
said towns of Middleborough and Rochester may be admitted as com- 
petent witness in any prosecution for the breach of anj' regulations as 
aforesaid ; and said agents, previous to entering upon the execution 
of their office, shall be sworn to the faithful discharge of their duty, 
as other town officers are sworn. — [March 6, 1802. 

[1862, 202.] 

An Act authorizing the Erection of a Dam for cei'tain purposes, and to regulate the 
Taking of Shad and Alewives in the Town of Middleton. 

Sp. Laws, vol. 3, p. 5. Whereas the waters running from the Great 
Pond in the town of Middleton, in the county of Essex, to Ipswich 
River, becomes so low during the summer season that shad and alewives 
cannot pass down to said river, but are detained in said pond, and 
great numbers of them perish during the winter season, to the great 
loss and damage of the inhabitants of said town : 

Sect. 1. Be it enacted. That the inhabitants of the town of 
Middleton aforesaid, may erect and keep in repair a dam, sluice and 
gate-way in the brook, at the beginning thereof, near the pond leading 
from said pond to said river, for the purpose of keeping so much water 
in said pond as may be sufficient to fill said brook, so that the young- 
shad and alewives may pass down from said pond into said river: 
provided, that the water shall not be kept in said pond by means of 
said dam after the twentieth day of October in every year : and 
provided, also, that the gate in the sluice hereby autliorized to be 



96 LAWS RELATING TO 

erected, shall not be shut down before the twentieth da}' of April in 
every year. 

Sect. 2. Be it further enacted, That the inhabitants of the said 
town of Middleton be hereby empowered to choose, at any legal meet- 
ing of the inhabitants of said town, committees for the purpose of 
regulating, as the}' ma}' think proper, the taking of shad and alewives 
in the waters of the said pond, and the waters running into and from 
the same, and preventing obstructions to the said fish passing down 
said brook, with fines and penalties not exceeding three dollars for 
each offence, to be recovered in any court proper to try the same, one 
moiety to the person who may recover the same, and the other moiety 
to the use of the said town. — [June 18, 1802. 

[1856, 52.] 

1803. 

[Sp. Laws, vol. 1, p. 272.] 

An Act in addition to an Act entitled " An Act to regulate the Catching of Salmon, 
Shad and Alewives in Merrimack River, and the Streams emptying into the same." 

Sp. Laws, vol. 3, p. 43. Whereas it is found by experience that 
catching of fish at or near the mouth of Johnston's Brook, so called, 
emptying into Merrimack River, within the town of Bradford, in the 
county of Essex, greatly impedes and obstructs the fish from entering 
and passing up the said stream : 

Sect. 1. Be it enacted^ That from and after the passing of this 
act no person or persons shall be allowed to drag any seine or set any 
net, pot or other machine, for the purpose of catching salmon, shad 
or alewives, or any other ways obstruct said fish in their passage 
within thirty rods below or twenty rods above the mouth of said 
stream, in Merrimack River, on penalty of thirteen dollars and thirty- 
three cents for each offence, and the seine, net, pot or other machine 
so used, to be forfeited ; and the fine or fines aforesaid shall be re- 
covered and applied in the same manner as fines for breaches of the 
act to which this is an addition. — [February 7, 1803. 
[Sp. Laws, vol. 3, p. 72.] 

An Act to regulate the taking of Alewives in the several Streams leading from Ipswich 
River to Prichard's Pond, in Topsfield. 

Sp. Laws, vol. 3, p. 48. Sect. 1. Be it enacted^ That it shall and 
may be lawful for the town of Topsfield, annually, at any legal meeting 
of the inhabitants of the said town, to sell or otherwise dispose of the 
privilege of taking alewives in the several streams leading from Ipswich 
River to Prichard's Pond, in said Topsfield, at such times not exceed- 
ing three days in a week, and at such places and under such regula- 
tions as the said town shall direct ; and the emolument arising from 
said privilege shall be appropriated by the said town to such purposes 



INLAND FISHERIES. 97 

and uses as the inhabitants thereof shall, from time to time, in town- 
meeting determine. 

Sect. 2. Be it further enacted, That if the purchaser or purchasers, 
manager or managers, or those employed by them, shall presume to 
take any of the said fish at any other time or place in the said town 
than shall be by said town determined ; and if an}^ other person or per- 
sons whatever, except the purchaser or purchasers, manager or mana- 
gers, of the said privileges, or those employed by them, in either of 
the streams aforesaid, shall take any alewives, said person or persons 
so offending shall, for each offence, forfeit and pay a sum not exceed- 
ing thirteen dollars nor less than one dollar, at the discretion of the 
justice before whom the same shall be tried. 

Sect. 3. Be it further enacted. That the said town of Topsfield 
shall, at their annual meeting in March or April, choose by ballot a 
committee, not exceeding seven nor less than three freeholders of 
said town, who shall be sworn or affirm to the faithful discharge of the 
duties enjoined upon them by this act ; and it shall be the duty of the 
said committee to remove, or cause to be removed, all obstructions or 
impediments out of the natural course of said streams or other 
passage-ways, as they, or the major part of them, shall judge obstruct 
and impede the passage of said fish, during the time of their passing 
up and down in each year ; and the said committee, or the major part 
of them, are empowered to open the natural course of the said 
streams, by making them wider and deeper, as well as other passage- 
ways which they may judge necessary for the passage of the said 
fish. And the said committee, or any two of them, paying a reasona- 
ble compensation therefor if demanded, shall have authority, in dis- 
charging the duty enjoined upon them b}' this act, to go on the lands 
and meadows of any person through which said streams run, or into 
any building, mill, or other water- works on said streams, without 
being considered as trespassers ; and any person who shall molest or 
hinder said committee, or either of them, in the execution of the 
business of his or their office, or shall obstruct any of the aforesaid 
streams or passage-ways, otherwise than may be allowed by the 
said committee, or the major part of them, he or they so offending: 
sliall forfeit and pa}', for every such offence, a sum not exceeding ten 
dollars nor less than one dollar, at the discretion of the justice before 
whom the same shall be tried : provided, neverthdess, that nothing in 
this act shall be considered as authorizing the said committee to 
injure the proprietor of any mill or other water-works further than is 
necessar}^ in order to give the said fish a good and sufficient passage- 
way up the said stream. 

Sect, 4. Be it further enacted. That if the purchaser or purchasers, 
manager or managers of the said privilege, shall, when in his or their 



98 LAWS RELATING TO 

power, neglect or refuse to supply an}^ person or persons with said 
fish, when green, in any quantity not exceeding one hundred to any 
one person who ma}' apply therefor, at such rates as shall be deter- 
mined b}' the said town, not exceeding twent^'-five cents for one hun- 
dred of said fish, he or they so offending shall forfeit and pay the sum 
of one dollar ; and if any person or persons shall ask, demand and 
receive more than twenty- five cents for one hundred of said fish, and 
in that proportion for a less number, at the place of taking said fish, 
he or they so offending shall, for each off"ence, forfeit and pay the sum 
of one dollar. 

Sect. 5. Be it further enacted, That it shall be the duty of the 
said committee to prosecute all breaches of this act, and for any two 
of them to seize and detain in their custod}', an}' net which may be 
found in the hands of an}- person using the same contrary to the true 
intent and meaning of this act, until the person so offending makes 
satisfaction for his offence, or is legally acquitted therefrom ; and also 
to seize to the use of the said town, all such fish as they shall suspect 
to have been taken contrary to the provisions of this act, unless the 
person or persons in possession thereof can give satisfactory evidence 
to such committee that said fish were lawfully taken. 

Sect. 6. Be it further enacted, That all penalties incurred by any 
breach of this act, shall be recovered by an action on the case before 
any justice of the peace within and for the county of Essex, allowing 
an appeal to the court of common pleas for the same county ; and all 
suras of money recovered as forfeited by this act, shall be for the sup- 
port of the poor of the said town ; and no person, by reason of his 
being one of the said committee, or an inhabitant of the said town, 
shall thereby be disqualified from being a witness in any prosecution 
for a breach of this act. 

Sect. 7. Be it furlher enaded, That the fish-committee, or the 
major part of them, are hereby authorized to give liberty to any 
owner of any grist-mill standing on either of the aforesaid streams, 
to close the fish-ways, or either of them, after the first day of June 
annually, if they, or the major part of them, shall judge said fish have 
done passing up. 

Sect. 8. Be it farther enacted, That all laws heretofore made, 
relative to taking alewives in the aforesaid streams in said Topsficld, 
and relating to closing the fish-ways after the first day of June annu- 
ally, are hereby repealed. — [February 9, 1803. 

An Act regulating the Taking the Fish called Alewives, in the several Streams empty- 
ing into Merrimack River, in the town of Haverhill. 

Sp. Laws, vol. 3, p. 54. Sect. 1. Be it enacted, That it may and 
shall be lawful for the inhabitants of the said town of Haverhill, from 



INLAND FISHERIES. 99 

time to time, at their annual meeting in the month of March or April, to 
choose, b3' ballot, a committee of freeholders in said town, whose duty 
it shall be to determine and order by whom and in what place or 
places the said fish may be taken in the several streams emptying 
into the Merrimack River, within the town aforesaid ; and shall cause 
a copy of such order, signed by said committee, or any two of them, 
to be posted up in some public place in said town. And any person 
who shall violate such order, upon conviction thereof shall forfeit and 
pajf a sum not exceeding five dollars nor less than two dollars : 
provided, the quantity of fish so taken be less than one barrel. But 
for every barrel- of fish so taken contrary to this law, any person con- 
victed thereof shall forfeit and p;iy the sum of seven dollars, to be 
recovered before an}' justice of the peace in the county of Essex 
before whom the complaint shall be made. 

Sect. 2. Ba it farther enacted, That the committee aforesaid, or 
the major part of them, are hereby authorized and empowered to open 
such sluice or passage-ways through or round any dams erected, or 
that shall be erected across said streams, as the}' shall judge necessary 
for the free passage of said fish, and to remove lumber and every other 
obstruction to the free passage of said fish ; to erect racks or wooden 
frames, as they shall judge necessarj-, in said streams through which 
said fish pass, they being restricted in such opening and clearing to 
do the same as little to the damage of the owner or owners as may be ; 
and such passage so opened by the committee aforesaid, shall continue 
open, if the}' judge it necessary, from the tenth day of April to the 
last day of May annually. And if any person or persons shall un- 
lawfully obstruct the passage or passages for said fish, remove or 
injure any rack or racks that shall be erected by said committee on 
said streams, such person or persons so offending, upon conviction 
thereof, shall forfeit and pay a sum not exceeding one hundred dollars 
nor less than forty dollars, to be recovered in any court proper to try 
the same. 

Sect. 3. Be it further enacted, That it shall and may be lawful 
for any of said committee, or their assistants, while in the execution 
of their office, to go upon the land adjoining to said streams without 
being considered as trespassers ; and any person or persons who shall 
attempt to hinder or molest said committee, or either of them, in the 
execution of their office, shall forfeit and pay a sum not exceeding 
twenty dollars, nor less than ten dollars, to be recovered in any court 
proper to try the same. 

Sect. 4. Be it further enacted, That the said committee be and 
hereby are authorized and directed to distribute, or cause to be dis- 
tributed, the fish that may be taken by them, or any person or persons' 
under them, as equally as circumstances will admit, to such persons 



100 LAWS RELATING TO 

as apply for the same ; and for the fish so supplied, the committee 
aforesaid, or their agent or agents, shall demand a sum not exceeding 
twenty-five cents for each hundred of said fish so delivered, excepting 
of certain poor persons of said town of Haverhill, who in the opinion 
of the selectmen of said town, are unable to pay for the same, and 
such persons shall be supplied, gratis, with such quantities, as the 
said committee shall judge expedient. And the said committee shall 
on the first town-meeting after the month of May annually, exhibit an 
account of all the fish disposed of by them, and the balance, if any 
remains, after paying them a reasonable compensation for their ser- 
vices, shall be paid into the treasury of said town, for the benefit 
thereof. 

Sect. 5. Be it further enacted, That the committee so chosen 
shall, before they enter upon the duties of their office, be sworn faith- 
full}^ to discharge the duties required of them by said town, agreeable 
to this act. 

Sect. 6. Be it further enacted, That an}' of the inhabitants of said 
town of Haverhill, not concerned in violating this act, may be admit- 
ted as witnesses in any action that may be brought for any penalties 
aforesaid, they being inhabitants of said town notwithstanding. 

Sect, 7. Be it further enacted, That no person or persons shall, 
after passing this act, be allowed to catch salmon, shad or alewives, 
or drag any seine, or set any net, pot or other machine, for the pur- 
pose of taking or catching said fish, or any otherwise obstruct said 
fish in their passage within thirty rods below, or twenty rods above 
the mouth of any streams in the town of Haverhill, emptying into 
Merrimack River, where said fish usually pass up, on penalty of 
thirteen dollars, to be recovered before any court proper to try the 
same ; and the seine, net. pot or other machine, so used to be forfeited. 

Sect. 8. Be it further enacted, That the times and manner pre- 
scribed for taking said fish in an act passed March 4th, 1790, entitled 
" An Act to regulate the catching of salmon, shad and alewives, and 
to prevent obstructions in Merrimack River, and in the other rivers 
and streams running into the same, within this Commonwealth ; and 
for repealing several acts heretofore made for that purpose," shall be 
observed as the times and manner for taking said fish in the said 
streams in the town of Haverhill ; and if any person shall take any of 
said fish at any other time or in any other manner than is prescribed 
in the act last recited, he shall, for each offence, be subject to such 
penalty as is provided in the said act for the same offence, to be ap- 
propriated in the same manner as the other forfeitures in this act. 

Sect. 9. Be it further enacted, That if any person is found at- 
tempting to take any of said fish at any time or place, otherwise than 
is provided by this act, or if any of said fish shall be found in the 



INLAND FISHERIES. 101 

possession of an}- person, such person or persons sball be deemed to 
have taken them unlawfully, and shall be subject to the penalties by 
this act prescribed, unless he or they shall make it appear upon trial 
that the}' came b\' said fish lawfuU}'. 

Sect. 10. Be it further enacted, That all fines and forfeitutes in- 
curred by breach of this act, shall enure, one moiety thereof to him 
or them who shall complain or make information of the same, and the 
other moiety to the said town of Haverhill. — [February 9, 1803. 



[Sp. Laws, vol. 3, p. 43.] 
An Act to regulate the taking of the Fish called Alewives in Johnston's Brook, so 
called, emptying into Merrimack River, in the Town of Bradford, and for clearing 
the passage-way of said fish, from said Merrimack River to Johnston's Pond, and 
from thence to Little Pond, so called. 

Sp. Laws, vol. 3, p. 73. Sect. 1. Be it enacted, That from and after 
the passing of this act, the said fish may be taken between where the 
said Johnston's Brook crosses the road, near Benjamin Morse's and 
Carlton's grist-mill dam, and in no other place in said brook or passage- 
way from Merrimack River to Little Pond, so called, and on such 
da3's only as are allowed by law for catching fish in Merrimack River ; 
and on such of those days, and in such place or places within those 
limits, as a committee who ma}' be appointed by the town, as is here- 
inafter provided, may direct. 

Sect. 2. Be it farther enacted. That the inhabitants of the town of 
Bradford, at their meeting for the choice of town oflScers in March or 
April annually, be and they are hereby authorized and empowered to 
choose by ballot, three or five persons, being freeholders in said town, 
a committee to oversee the taking of the said fish as aforesaid ; which 
committee shall be sworn to the faithful discharge of their trust, and 
shall distribute the fish taken by them, or under their direction, as 
equally as circumstances will admit, to such of the inhabitants of the 
said town, or other persons, as may apply for the same ; and for fish 
so supplied and delivered, the committee aforesaid shall demand and 
receive of the person or persons applying therefor payment, at such 
rate or rales as the inhabitants of said town at their annual meeting 
in March or April may direct ; excepting of such poor persons as 
shall be named in a list to be annually made out by the selectmen of 
the town, and who, in the opinion of said selectmen, are unable to 
pay for the same ; which list shall be given to the committee, and the 
person or persons borne on said list shall be supplied with such quan- 
tities of said fish gratis as the committee think expedient ; and the 
committee aforesaid shall have such allowance for their services as 
the inhabitants of said town, in open town meeting, may determine ; 
and shall annually, in the month of September next after their 
appointment, exhibit their accounts to the selectmen for settlement. 



102 LAWS RELATING TO 

and pay the balance, if any there is, into the town treasun*, for the 
benefit of said town. 

Sect. 3. Be it farther enacted^ Tliat the committee to be chosen as 
aforesaid, or the major part of them, be and they are hereby author- 
ized to clear any obstructions, or open any dam, or the sluice of any 
mill or other water-works that is or may be erected on or over said 
brook or passage-way, at the expense of the owner or owners of such 
dam or sluice-way : provided^ such owner or owners shall neglect to 
open the same when thereto required by said committee, or the major 
part of them, as aforesaid ; and the dam or sluice-wa}' so opened shall 
continue to such width and depth, and for such length of time (not 
exceeding sixty da3's in one ^ear), as said committee, or the major 
part of them, maj think necessary, with the least possible damage to 
the proprietor or proprietors of such mill or water-works ; and if any 
person or persons shall obstruct the passage-ways allowed or ordered 
by the said committee, or the major part of them, in au}- dam or 
sluice-way, or shall obstruct the passage of the said fish in any other 
part of said brook or passage-wa}^ than is permitted by this act, such 
person or persons so offending shall forfeit and pay a sum not 
exceeding one hundred and fift}' dollars, nor less than thirty dollars. 

Sect. 4. Be it further enacted. That if an}- person or persons other 
than the committee, or such person or persons as shall be bj- them 
emplo3-ed, shall take any of said fish in said brook or passage-wa}', or 
any part of it, at any time or by any waj's or means whatsoever, each 
person so offending shall forfeit and pa}' a sum not exceeding seven 
dollars, nor less than four dollars for each offence. 

Sect. 5. Be it further enacted, That the committee chosen as 
aforesaid, or either of them, or any person employed by them, shall 
have authority, for the purposes aforesaid, to go on the land or 
meadow of any person through which such brook or passage-way 
passes, without being considered as trespassers ; and any person who 
shall molest or hinder said committee, or any of them, or any person 
employed by them, in the execution of their duty, shall be subject to 
the same penalties as by this act is incurred for placing obstructions 
on said brook or passage-way. 

Sect. 6. Be it further enacted, That if the committee or either of 
them shall detect any person or persons in attempting to take any of 
said fish, at any time or place, or in any manner otherwise than is 
allowed by the said committee, or shall find any such fish with any 
such person or persons, they shall be deemed and considered to haA'^e 
taken such fish unlawfully, and shall be subject to the penalties of 
this act accordingly, unless such person or persons can make it appear 
(on trial) that they came by said fish in some other way. 

Sect. 7. Be it further enacted, That if any minor or servant shall 



INLAND FISHERIES. 103 

be found taking any of said fish in anywise contrary to this act, or 
contrar}' to the rules and regulations of said town of Bradford, or 
their committee as aforesaid, the parents, guardians or masters of 
such minors or servants shall be held to pa}' all fines incurred by 
them for any breach of this act or the rules and orders of the town 
aforesaid. 

Sect. 8. Be it further enacted. That it shall be the duty of the 
committee of the town, chosen as aforesaid, and of the selectmen, to 
prosecute for any breach of this act, and all prosecutions on this 
act shall be brought in the name of the town treasurer for the time 
being, and all fines or forfeitures recovered therebj- shall accrue one 
moiety to the complainant and the other moiet}' to the use of the 
town. 

Sect. 9. Be it further enacted, That no person shall be considered 
as disqualified from being a witness on anj' trial that may be had pur- 
suant to this act, on account of his belonging to the town of Bradford. 
— [February 12, 1803. 

[Sp. Laws, vol. 1, 290.] 

An Act in addition to the several Laws heretofore made for the Preservation of the 
Fish called Alewivcs, in Mattapoisset River, in Rochester, in the County of Plymouth, 
and for regulating the Taking said Fish in said River. 

Sp. Laws, vol. 3, p. 91. Sect. 1. Be it enacted, That if any per- 
son shall take any of said fish in said river, or in the brook running 
out of Litttle Long Pond, so called, into Snipticit Pond, in gaid 
Rochester, excepting the purchaser or purchasers of the exclusive 
right of taking said fish in said river, according to the laws now in 
force with regard to said river, and those who are employed by said 
purchaser or purchasers of said privilege, shall forfeit and pay four- 
teen dollars for each oflGence, to be recovered in the same manner and to 
the same uses as are already provided in the laws now in force with 
regard to said river. 

Sect. 2. Be it farther enacted, That if any purchaser of said 
privilege, or any person employed by such purchaser or purchasers, 
shall take any of said fish in said river, or in said brook, at any other 
place or on an}' other day than the places or daj's contained in such 
privilege, such purchaser or person shall for each such oflTence forfeit 
and pay the sum of fourteen dollars, to be recovered as aforesaid, 
for the uses aforesaid. 

" Sect. 3. Be it further enacted, That the owners of dams on said 
river shall continue their sluice-wa3's open, when opened by the 
selectmen, until the twenty-fifth day of May annually, under the same 
penalty as is provided in said laws for not keeping them open until 
the twentieth day of May. 



104 LAWS RELATING TO 

Sect. 4. Be it further enacted. That the selectmen of the said 
town of Rochester are hereby authorizdl to open, in each and every 
dam in said river, wherever they may think proper, sufficient passages 
for the young fish to pass down said river ; and if any person shall 
obstruct any such passage so opened as aforesaid, without the consent 
of the selectmen, shall for each offence forfeit and pay the sum of 
fourteen dollars, to be recovered as in said law provided for taking 
fish contrary to law, and for the same use. — [February 16, 1803. 

[Sp. Laws, vol. 1, p. 512.] 

Ax Act to enable the Town of Medford to dispose of the Privilege of Takini; Fish 
called Shad and Alewlves, in Mistick River, within the limits of said Town, and to 
regulate the same. 

Sp. Laws, vol. 3, p. 98. Sect. 1. Be it enacted, That it shall and 
may be lawful for the town of Medford, in the county of Middlesex, an- 
nually, at any legal meeting of the inhabitants of said town, to sell or 
otherwise dispose of the privilege of taking fish in Mistick River, within 
the limits of said town, so far as said town bounds on both sides of 
said river, at such times only as is already provided by the law to 
prevent the destruction of shad and alewives in said river ; and the 
emolument arising from said privilege shall be appropriated by said 
town to such purposes and uses as the inhabitants thereof shall in 
town meeting from time to time determine. 

Sfct 2. Be it farther enacted, That if the purchaser or pur- 
chasers, manager or managers, or those employed by them, shall 
presume to take any of said fish at any other place in said town than 
shall be bj' said town determined, and if any other person or persons 
whatever, except the purchaser or purchasers, manager or managers 
of said privilege, or those employed by them, shall presume to take 
or catch any of the said fish in Mistick River, within the town of 
Medford, otherwise than may be by said town determined, he or they 
so offending shall for each offence forfeit and pa}- a sum not exceed- 
ing thirteen dollars nor less than two dollars, at the discretion of the 
justice before whom the same shall be tried. 

Sect. 3. Be it further enacted. That the said town of Medford 
shall, at their annual meeting in March or April, choose a committee, 
not exceeding seven nor less than three freeholders of said town, who 
shall be sworn to the faithful discharge of their duty, enjoined upon 
them by this act, and also the act to prevent the destruction of shad 
and alewives in Mistick River, within the towns of Cambridge, 
Charlestown and Medford ; and it shall be the duty of said committee 
to cause the natural course of said river to be kept open and without 
obstruction during the whole time said fish pass up or down said 
ri\er, and remove anj' such as may be found therein ; and the said 



INLAND FISHERIES. 105 

committee, or any two of them, paying a reasonable compensation 
therefor, if demanded, shall have authority in discharging tlie duties 
enjoined upon them by this act, to go on the lands of any person 
bounding on said river, without being considered trespassers ; and 
any person who shall molest or hinder said committee, or either of 
them, in the execution of their duty, he or they so offending shall 
forfeit and pay for every such offence a sum not exceeding ten dollars 
nor less than two dollars, at the discretion of the justice before whom 
the same shall be tried. 

Sect. 4. Be it further enacted, That it shall be the duty of the 
said committee to prosecute all breaches of this act, and for any two 
of them to seize and detain in their custody any net or seine which 
may be found in the hands of any person using the same contrary 
to the true intent and meaning of this act, until the person so offend- 
ing make satisfaction for his offence, or is legally acquitted there- 
from ; and also to seize, to the use of the town, all such fish as they 
shall suspect to have been taken contrary to the provisions of this 
act, unless the person in possession thereof can give satisfactory 
evidence to such committee that said fish were lawfully taken. 

Sect. 5. Be it further enacted, That the penalties incurred by any 
breach of this act shall be recovered by an action on the case, before 
any justice of the peace within said county, allowing an appeal to 
the court of common pleas of said county ; and all sums of money 
recovered as forfeited by this act, shall be for the support of the 
poor of said town ; and no person by reason of his being one of the 
said committee, shall be thereby disqualified from being a witness in 
an}^ prosecution for a breach of this act. — [February 21, 1803. 

[Amended 1879, 65.] 

[Sp. Laws, vol. 2, p. 436.] 

An Act in addition to an Act entitled an Act to regulate the Alewive Fishery in the 
Brook running out of Wakepee Pond, into the Sea, in the Indiun Plantation called 
Marshpee, in the County of Barnstable, passed June the tliirteenth, A. D. 1801. 

Sp. Laws, vol. 3, p. 111. Whereas the provision in the first 
section of the above recited act, designating the time for the pas- 
sage-waj's .to be opened for said fish to pass and repass is found 
inconvenient : therefore, 

Sect. 1. Be it enacted. That from and after the passing of this 
act, the time for the passage-way or ways to be kept open for the 
said fish to pass and repass through an}^ mill-dam or dams mentioned 
in said act, shall be from the twentieth day of April to the fifteenth 
day of June annually, instead from the first day of April to the 
twenty-fifth of May. 

Sect. 2. Be it further enacted. That any person or persons who 
shall take any such fish in the brook aforesaid, without permission 



106 LAWS RELATING TO 

from the person or persons that shall be appointed by the said board 
of overseers, as in said act is provided, shall, for every such offence, 
forfeit and pay one dollar for ever}' hundred of fish so taken ; so in 
proportion for a greater or lesser quantity' ; to be recovered and ap- 
plied in manner provided by the fourth section of the above-recited 
act ; anything in the above-recited act to the contrary notwithstand- 
ing. — [February 22, 1803. 

1804. 

An Act to regulate the taking of Alewives within the Town of Boxford, and for other 
Purposes therein mentioned. 

Sp. Laws, vol. 3, p. 365. Sfxt. 1. Be it enacted, That it shall and 
may be lawful for the town of Boxford to take alewives within the limits 
of said town, in the streams leading from Rush Pond, Little Pond, and 
Johnson's Pond to Merrimack River, on such da3"s as are allowed b}' 
law far taking said fish in Merrimack River and streams emptj'ing 
into the same ; and on such of those daj's, and in such place or places 
within their limits, as the town, or a committee who may be appointed 
as by this act is provided, may direct. 

Sect. 2. Be it further enacted, That the inhabitants of the town 
of Boxford, at their meeting for the choice of town officers, in March 
or April annually, be and they are hereb}^ authorized and empowered 
to choose, b}' ballot, not less than three nor more than seven persons, 
being freeholders in said town, a committee to direct and oversee 
the taking the said fish as aforesaid ; which committee shall be sworn 
to the faithful discharge of their trust, and shall distribute the fish 
taken b}' them or under their direction, as equally as circumstances 
will admit, to such of the inhabitants of said town or other persons as 
may apply for the same. And for fish so supplied and delivered, the 
committee aforesaid shall demand and receive of the person or per- 
sons a|)plying therefor, paj'ment at such rate or rates as the inhab- 
itants of said town at their annual meeting in March or April, may 
direct ; excepting of such poor persons which shall be named in a list 
to be annually made out b}' the selectmen of the town, and who in 
the opinion of the selectmen are unable to pa}' for the same ; which 
list shall be given to the committee, and the person or persons borne 
on said list shall be supplied with such quantities of said fish gratis, 
as the committee may consider expedient. And the committee afore- 
said shall have such allowance for their services as the inhabitants of 
said town, in open town meeting ma}' determine ; and shall annually, 
in the month of September next after their appointment, exhibit their 
accounts to the selectmen for settlement, and pay the balance, if any 
remains, into the town treasury, for the benefit of said town. 

Sect. 3. Be it further enacted, That the town of Boxford may 



INLAND FISHERIES. 107 

erect and keep in repair a dam, sluice and gate-wa}', in the stream 
below Rush Pond, and raise the water in said pond six inches above 
the usual height, from the first day of June to the first da}' of Decem- 
ber annuall}', or for such part of that time as shall by the C(mimittee 
aforesaid be considered necessary to facilitate the passing of the fish, 
at the time of their going down the stream to Johnson's Pond. And 
if an}' person shall in any way destroy or injure the said dam, sluice 
and gate- way as aforesaid, or shall open the same so as to draw off 
the water from said pond, otherwise than shall be done by the com- 
mittee aforesaid, or by their direction, such person so offending shall 
forfeit and pay for every such offence a sum not exceeding one hun- 
dred and fifty dollars nor less than thirty dollars. 

Sect. 4. Be it further enacted, That the committee to be chosen 
as aforesaid, or the major part of them, be and they are hereby 
authorized to clear any obstructions, and to open the natural course 
of said streams, by making them wider and deeper, or to open any 
dam, or the sluice-way of any mill or other water-works, that is or 
may be erected over said streams or passage- wa3'8 : provided, such 
owner or owners shall neglect to open the same when thereto required 
by said committee, or the major part of them as aforesaid ; and the 
dam or sluice-way so opened shall continue opeu to such width and 
depth, and for such length of time (not exceeding sixt}' days in one 
year) as said committee, or the major part of them, may think neces- 
sar}', with the least possible damage to the proprietor or proprietors of 
such mill or water-works ; and if any person or persons shall obstruct 
the passage-wa^'s allowed and ordered by said committee, or the 
major part of them, or shall obstruct the passage of said fish in anj' 
other parts of said streams or passage-wa3-s than is permitted by this 
act, such person or persons so offending shall forfeit and pay a sum 
not exceeding one hundred and fift}' dollars, nor less than thirt}' dol- 
lars. 

Sect. 5. Be it further enacted, That if an}' person or persons, other 
than the committee, or such person or persons as shall be by them 
employed, shall take any of said fish in said streams or passage-ways, 
or any part thereof, at any time, or by any way or means whatsoever, 
each person so offending shall forfeit and pay a sum not exceeding 
seven dollars, nor less than four dollars for each offence. 

Sect. 6. Be it further enacted. That the committee chosen as afore- 
said, or either of them, or any person employed by them, paying a 
reasonable compensation therefor, if demanded, shall have authority, 
for the purposes aforesaid, to go on the land or meadow of any per- 
son through which such streams or passage-ways pass, without being 
considered as trespassers ; and any person who shall molest or hinder 
said committee, or any of them, or any person employed by them, in 



108 LAWS RELATING TO 

tbe execution of their dut}', shall be subject to the same penalties as 
by this act is incurred for placing obstructions on said streams and 
passage-ways. 

Sect. 7. Be it further enacted, That if the committee or either of them 
shall detect any person or persons in attempting to take any of said 
fish at anj' time and place, or in any manner, otherwise than is allowed 
by said committee, or shall find any such fish with any person or per- 
sons, the}' shall be considered and deemed to have taken such fish 
unlawfull}', and shall be subject to the penalties of this act accordingl}', 
unless such person or persons can make it appear, on trial, the}' came 
by said fish in some other wa}'. 

Sect. 8. Be it farther enacted, That if any minor or servant shall 
be found taking any of said fish, in any way contrary to this act, or 
contrary to the rules and I'cgulations of the said town of Box ford, or 
their committee as aforesaid, the parents, masters or guardians of 
such servants or minors shall be held to pay all fines incurred by them 
for any breach of this act, or the rules and orders of the town afore- 
said. 

Sect. 9. Be it further enacted, That it shall be the duty of the 
committee of the town, chosen as aforesaid, to prosecute for any 
breach of this act ; and all prosecutions shall be brought in the name 
of the town treasurer for the time being, by an action on the case, in 
any court proper to try the same ; and all fines or forfeitures recovered 
thereb}' shall accrue, one-half thereof to the complainant, and the other 
half to the use of the town ; and no person, by reason of his being one 
of the said committee or an inhabitant of said town, shall thereby be 
disqualified from being a witness in any prosecution for a breach of 
this act. — [March 3, 1804. 

An Act to preserve and regulate the Fishery in the towns of Rehoboth and Swaneey, 
in the County of Bristol, and for repealing an Act entitled " An Act to prevent the 
Destruction of the Fish called Shad and Alewives, in their passage up the Rivers and 
Streams in the town of Rehoboth, in the county of Bristol," passed June 27, 1786. 

Sp. Laws, vol. 3, p. 378. Sect. 1. Beit enacted, Thai from and 
after the passing of this act there shall not be an}' seine or drag-net set or 
drawn at any time in Palmer's River, in said Rehoboth ; and that no 
seine or drag-net shall be set or drawn in said river within the town 
of Swanzey, between the first day of April and the twentieth day of 
June annually, only on Monday, Tuesday and Wednesday, between 
the rising of the sun and the setting of the same on each of said days. 

Sect. 2. Be it farther enacted, That if any person or persons shall 
at any time draw or set any seine or drag-net in said Palmer's River, 
in said town of Rehoboth, or shall draw or set any seine or drag-net 
in said river in said town of Swanzey, between the first day of April 
and the twentieth day of June annually, except as abovesaid on 



INLAND FISHERIES. 109 

Monda}', Tuesday and Wednesdaj', between the rising and setting of 
the sun on each of said days, he or the}' so offending shall forfeit and 
paj' a fine of seven dollars for each and every offence. 

Sect, 3. Be it further enacted, That no fish shall be taken in said 
river, or in anj' brook or branch of said river, either in the said town 
of Rehoboth or Swanzey, with scoop-nets, only on Monday, Tuesday 
and Wednesday nights, between the setting of the sun and the rising 
of the same on each day ; and that no wears shall be built in said 
river, up stream, from the south-west corner of a lot of land on the 
west side of said river, in said Rehoboth, belonging to Capt, Daniel 
Davis, adjoining to Capt. Samuel Bullock's land ; and that there shall 
be no driving said river, or brooks with poles or otherwise ; and that 
no fish be taken in said Palmer's River, within two rods of the bridge 
over the same near Philip Miller's, nor within five rods of the place 
where the brook that runs out of the pond near Richard Perse's enters 
said river. 

Sect. 4. Be it further enacted, That no wears be made in Runins' 
River, in said Rehoboth, in any 3'ear, until after the first day of June ; 
and that no fish be taken in said Runins' River, within one rod of any 
bridge over said river ; and that no fish be taken in said Runins' River, 
only on Monday, Tuesday, Wednesday and Thursday nights, between 
the setting of the sun and the rising of the same on each day ; and 
that no fish be taken in said river, north of the south line of Joseph 
West's land, on said river ; and that there be no driving of fish in 
said river with poles or otherwise. 

Sect. 5. Be it further enacted, That if any person shall make any 
wear or take any fish in either of said rivers or brooks, at any other 
time or in an}" other place than is allowed by this act, or shall at any 
time drive the fish in either of said rivers or brooks, with poles or 
otherwise, each person so offending shall pay a fine not exceeding four 
dollars nor less than two dollars for each offence. 

Sect. 6. Be it further enacted, That all the penalties incurred by 
a breach of this act, may be sued for and recovered before any justice 
of the peace in the county of Bristol ; and all sums so recovered as 
forfeited by this act, shall be appropriated, one moiety thereof to the 
prosecutor and the other moiety for the use of the town in which the 
forfeiture shall happen. 

Sect. 7. Be it further enacted, That the aforesaid act, entitled 
"An Act to prevent the destruction of the fish called shad and ale- 
wives in their passage-way up the rivers and streams in the town of 
Rehoboth, in the county of Bristol," be and it is hereby repealed. — 
[March 6, 1804. 

[1819, 11 ; 1820, 51 ; 1836, 130.] 



110 LAWS RELATING TO 

[Sp. Laws, vol. 2, p. 504.] 
An Act in addition to " An Act to regulate the Alewive Fishery in the towns of Lynn, 
Lynnfield and Reading, in the counties of Essex and Middlesex, and for repealing all 
Laws heretofore made for that purpose." 

Sp. Laws, vol. 3, p. 398. Sect. 1. Be it enacted, That the com- 
mittees chosen and appointed as required b}' the fourth section of 
the act to which this is an addition, shall cause the natural course 
of the rivers, passage-wa3's or streams through which tlie flsli men- 
tioned in said act sliallor may pass, to be opened in each ^-ear on the 
tenth day of April. 

Sect. 2. Be it further enacted, That no person or persons, author- 
ized b}' the act to which this is in addition to take fish in an}' river, 
stream or passage-ways, as in said act is mentioned, shall take any 
fish as aforesaid except on Mondays, Tuesda3's and Wednesdays in 
each week ; anything in the said act to the contrary notwithstanding. 

Sect. 3. Be it further enacted, That if an}- person or persons shall 
extend any wear or other obstruction across said river, stream or 
passage-way, or shall extend, fasten and confine any seine across the 
same, the person or persons so offending shall be subject and liable to, 
and shall forfeit and pa}^ such sum as is provided in the second section 
of the act to which this is in addition, to be recovered and appropri- 
ated as in said act is described. — [March 8, 1804. 

[Sp. Laws, vol. 2, p. 431.] 

An Act in addition to and repealing the fourth Section of an Act entitled " An Act for 
providing a Passage for Fish from Mystic River to Ell Pond, in the town of Maiden." 

Sp. Laws, vol. 3, p. 399. Sect. 1. Be it enacted, That it shall 
not be lawful to take shad or alewives in Ell Pond, in the town of 
Maiden, or in any part of the stream running therefrom into M3-stic 
River ; and any person ofl["ending herein shall for each offence forfeit 
and pay a sum of not more than twentj- dollars nor less than five dol- 
ars, to be recovered by an action of debt before any court proper to 
try the same, one half to the use of the town of Maiden, the other half 
to the use of him or them who may sue therefor. 

Sect. 2. Be it further enacted. That Samuel Tufts, mentioned in 
the act to which this is in addition, from the fifteenth day of April to 
the fifteenth day of Ma}' annuall}', shall not draw oflf the water from 
the said stream so as to reduce the same below the passage-way luen- 
tioned in said act, unless by license from the fish committee appointed 
by said town of Maiden ; and if b}' virtue of such license the said 
Samuel Tufts, or any other person, shall reduce the water below the 
said passage-way, the person who shall so reduce the water shall be 
held to make and keep open some other passage-wa}' for said fish, to 
the acceptance of the committee aforesaid ; and if there shall be at any 



INLAND FISHERIES. Ill 

time more than one mill on the said stream, the owners thereof shall 
be held to make and keep open during the term aforesaid, a passage- 
way by each mill, and the committee shall have power to determine 
the sufficiency of such passage-way, and also to regulate the time of 
grinding for each mill, so that the time allowed to all the mills maj'" 
be equal to thirty days' grinding of one mill from the fifteenth day of 
April to the fifteenth day of May annually ; and any person offending 
against either of the provisions of this section, shall forfeit and pay 
not more than twenty dollars nor less than ten dollars, to be recovered 
bj- an action of debt before an}- court proper to try the same, one half 
to the use of the town of Maiden, the other half to him or them who 
may sue therefor. 

Sect. 3. Be it further enacted^ That the fourth section of the act 
to which this is in addition be and the same is hereby repealed ; and 
this act is to continue and be in force until the expiration of the said 
act, and no longer. — [March 9, 1804. 

An Act for the preservation and to regulate the Taking of the Fish called Shad and 
Alewives, in the Stream called Miles River, in Wenham, Hamilton and Ipswich, in 
the County of Essex, 

Sp. Laws, vol. 3, p. 431. Sect. 1. Be it enacted. That the 
several towns of Wenham, Hamilton and Ipswich shall, at their an- 
nual meeting for the choice of officers, respectively choose annually 
a committee of three persons in each town, whose duty it shall be, 
in the months of March or April annually, to sell at public vendue 
the privilege of taking said fish in such places and in such manner as 
a majority of the said committee shall agree upon, in said towns of 
Wenham, Hamilton and Ipswich, in said Miles River, on Mondays, 
Wednesdays and Fridays in each week, for so long a time in each 
year as said committee shall agree upon ; and said committee, before 
they enter on the execution of their office, shall be sworn to the 
faithful and impartial discharge of their duty in the same manner as 
other town officers are ; and the net proceeds of said sale shall be 
equally divided between the said three towns. 

Sect. 2. Be it further enacted, That the committee of the town of 
Wenham the first year, the committee of the town of Hamilton the 
second year, and the committee of the town of Ipswich the third 
3-ear, and so on in rotation forever hereafter, shall notif}' the town 
clerks of the other towns concerned in said fishing, of the time and 
place in which said committee shall meet, said notice to be served ten 
days at least before the time of meeting ; at which and all subsequent 
meetings, the majoritj^ present shall have the authorit}' of the whole 
committees ; and said committee shall give due notice in each of said 
towns, of the time and place, and the sale of said right of catching 



112 LAWS RELATING TO 

said fish ; and at the vendue shall publish the conditions in writing, 
expressing the manner of taking as well as the length of time in each 
year. 

Sect. 3. Be it further enacted^ That all persons, except the pur- 
chaser or purchasers, or those emplo3'ed by them, who shall take any 
of said fish in said Miles River, to the margin of Wenham Pond, 
shall pa}' a sum not exceeding thirteen nor less than five dollars for 
each offence. 

Sect. 4. Be it further enacted. That if either of said towns shall 
neglect to choose their proportion of said committee, as is required by 
this act, or if such committee, when chosen, whose dut}' it shall be to 
notify the clerks of the other towns of the proposed time for the 
whole committee to meet as aforesaid, shall neglect to give such 
notice as aforesaid, the town so neglecting, or whose committee shall 
so neglect, shall forfeit all right to fishing in said river for the current 
year. 

Sect. 5. Be it farther enacted, That the owner or occupier of any 
dam on said river, shall annually, betwixt the tenth day of April and 
the tenth day of June following, for such term and in such manner as 
said committees shall direct, open a sufficient sluice-way or passage 
for said fish; and the owner or occupier of such dam, who shall 
neglect, after proper notice from said committee, to open or continue 
open as aforesaid, a sluice-wa}', shall forfeit and pay a sum not 
exceeding one hundred dollars, nor less than fifty dollars ; and if any 
person shall make any wear or other obstruction to the passage of 
said fish, or shall make use of any seine in said river (except as shall 
be allowed by said committee to an}- purchaser of the right of taking 
fish in said river), the person so offending shall forfeit and pay the 
sum of thirteen dollars. 

Sect. 6. Be it further enacted, That each of the treasurers of the 
aforesaid towns, for the time being, are hereby authorized upon the 
complaint of the committee aforesaid, to sue for any forfeiture 
incurred by the breach of any of the regulations provided in this act, 
and also for the breach of such further regulations as ma}^ from time 
to time be provided by the committee aforesaid. And all sums and 
forfeitures recovered for any breaches aforesaid shall, with the pro- 
ceeds of said fishing, be equally divided between the aforesaid towns ; 
and the said treasurers, or either of them, recover the said penalties, 
or any of them, in an action of the case, before any court proper to 
ivy the same. 

Sect. 7. Be it farther enacted, That the purchaser or purchasers 
of the right of taking said fish shall, at all times, deliver to the poor 
of the several towns aforesaid, such number of fish taken as afore- 
said, gratis, as the committee shall order and direct, and shall in all 



INLAND FISHERIES. 113 

respects conform to such regulations as said committee shall publish 
in their conditions of sale ; and for each offence in breaking said regu- 
lations, shall forfeit and pay a sum not more than fifty dollars, nor 
less than twenty dollars. 

Sect. 8. Be it further enacted, That the committee chosen as 
aforesaid, or either of them, or any person employed by them, shall 
have authority, for the purposes aforesaid, to go on land or meadow 
of any person through which such river or passage-wa}^ passes, with- 
out being considered trespassers ; and an}^ person who shall molest 
or hinder said committee, or any of them, or any person employed by 
them in the execution of their duty, shall be subject to the same penal- 
ties as by this act is incurred for placing obstructions on said river. 

Sect. 9. Be it further enacted. That every part and clause of the 
several laws, made for regulating the taking of shad and ale wives in 
Ipswich River and the branches thereof, and for preserving the same, 
shall cease to operate or have any eftect on Miles River and Wenham 
Pond aforesaid. — [March 9, 1804. 

[1814, 22.] 

[Sp. Laws, vol. l,p.272.] 

An Act in addition to an Act entitled " An Act to regulate the Catching Salmon, Shad 
and Alewives, and to prevent Obstructions in Merrimack River, and in the other 
Rivers and Streams running into the same, within this Cotamonwealth ; and for 
repealing several Acts heretofore made for that purpose." 

Sp. Laws, vol. 3, p. 441. Sect. 1. Be it enacted, That as long 
as there shall be upheld and maintained any mill or mills at the 
mouth of Stoney Brook, so called, in the town of Chelmsford, in the 
county of Middlesex, or there shall be erected or kept any dam or dams 
across the said stream, for the working of such mill or mills, it shall 
be the duty of the owner or occupant of any such mill, to cause to be 
made and kept open a sluice or passage-way for fish to pass up and 
down thi'ough the dam in the same part thereof, where the passage- 
way now is, which sluice so to be kept open, shall not be more than 
eighteen inches nor less than twelve inches in width, and such owner 
or occupant shall be holden to keep the passage-way below the dam 
in good repair, as the same is now constructed. 

Sect. 2. Be it further enacted, That so long as the owner or 
occupant of such mill or mills as aforesaid, shall cause to be made 
and left open a sluice or passage-way through and over such dam as 
aforesaid, of the form and dimensions aforesaid, for the free passage 
of fish up and down the said brook, such proprietor or occupant shall 
not be subject to any prosecution under or by virtue of the act to 
which this is in addition, nor to any of the forfeitures and penalties 
therein contained ; any law, usage or custom to the contrary notwith- 
standins. 



114 LAWS RELATING TO 

Sect. 3. Be it further enacted, That this act shall continue and 
be in force for the term of three years from the passing thereof, and 
no longer. — [March 9, 1804. 

1805. 

An Act authorizing the Inhabitants of the Town of Newton, in the County of Middlesex, 
to regulate the taking of Fish called Shad and Alewives within the limits of the said 
Town. 

Sp. Laws, vol.3, p. 494. Sect. 1. Be it enacted, That from and 
after the passing of this act, it shall be lawful for the inhabitants of said 
. town of Newton, to sell the right and regulate the times, places and man- 
ner of taking said fish within the limits of said town, not exceeding 
in point of time three daj'S in a week ; and the inhabitants of said 
town, at their annual meeting in March or April, are hereby author- 
ized and empowered to appoint agents, whose duty it shall be to carry 
into execution the purposes of this act. 

Sect. 2. Be it further enacted. That the agents aforesaid may, in 
behalf of said town, and for their use and benefit, sell the right and 
regulate the times, places and manner of taking said fish within the 
town aforesaid ; and for the proceeds of said sale of right, said agents 
shall be held to account with and pay to the said inhabitants, from 
time to time in such manner as they may direct or vote in said meet- 
ings in March or April. 

Sect. 3. Be it further enacted, That the said agents shall forth- 
with, after establishing such rules and regulations, and determining 
by whom said fish may be taken, cause a copy thereof, under their 
hands, to be posted up in two or more public places within the said 
town ; and if an}' person or persons, other than those to whom said 
right shall be sold as aforesaid, shall take any of said fish called shad 
and alewives within the town aforesaid, or if any person or persons to 
whom said right shall be sold as aforesaid, shall take any of said fish 
at any other time, in any other place, or in any other manner than 
shall be expressed in the conditions of the sale to them, such person 
or persons so offending, shall severally, for each and every offence, 
forfeit and pay treble the value of said fish so taken, to be recovered 
in an action on the case, to the use of any person who may sue for 
the same. — [February 16, 1805. 

[Sp. Laws, vol. 1, p. 191.] 
An Act in addition to an Act entitled " An Act to prevent the Destruction of Alewives 
and other Fish in Ipswich River, and to promote the increase of the same," passed 
the twenty-eighth day of March, in the year of our Lord one thousand seven hun- 
dred and eighty -eight. 

Sp. Laws, vol. 3, p. 524. Whereas the provision in the first sec- 
tion of the act entitled '•■ An Act to prevent the destruction of Alewives 
and other Fish in Ipswich River, and to promote the increase of the 



INLAND FISHERIES. 115 

same," passed the twent3'-eighth day of Marcli, in the year of our Lord 
one thousand seven hundred and eighty-eight, designating the time 
for the passage-ways to be opened for the fish to pass and repass, is 
found inconvenient ; therefore, 

Be it enacted^ That from and after the passing of this act, the time 
for the passage-way or ways to be kept open for said fish to pass and 
repass through any mill-dam or dams now erected, or hereafter to be 
erected, on that part of said Ipswich River which is below Flint's and 
Meriam's mills, or any stream or streams running from any natural 
pond into the same, shall be from the tenth da}' of April to the third 
day of June annually ; anything in the above-mentioned act to the 
contrary notwithstanding. — [March 11, 1805. 

[Sp. Laws, vol. 1, p. 191.] 
An Act in addition to and for repealing a certain Clause in an Act passed March 
twenty-eighth, in the year of our Lord one thousand seven hundred and eighty-eight, 
entitled "An Act to prevent the Destruction of Alewives and other Fish in Ipswich 
River, and to encourage the increase of the same." 

1805, ch. 29. Sect, 1. Be it enacted^ That the future using and 
improving of Barnabas Dodge's saw-mill, standing on Ipswich River, 
at Warner's mill-dam, so called, within the towns of Ipswich and 
Hamilton, from the last day of April to the first da}' of June annuall}', 
shall be under the directions, regulations and restrictions of the major 
part of the selectmen of the towns of Ipswich, Hamilton, Topsfield, 
Middleton and Reading, for the time being ; such directions, regula- 
tions and restrictions being made in writing under the hands of the 
major part of the selectmen aforesaid, and delivered to the said Dodge 
from time to time as shall be found necessary. 

Sect. 2. Be it further enacted, That for every omission or violation 
of such directions, regulations or restrictions as aforesaid, the said 
Dodge shall be subject to such penalties and forfeitures as are incurred 
by an Act entitled "An Act to prevent the Destruction of Alewives and 
other fish in Ipswich River, and to encourage the increase of the same," 
for using and improving said mill, within the term aforesaid ; to be sued 
for, recovered and applied in manner as is prescribed in the said act. 

Sect. 3. Be it further enacted. That the sixth clause of the afore- 
mentioned act, so far as it respects the improving and using the said 
Dodge's saw-mill, within the term therein mentioned, shall be and 
hereby is repealed. — [February 11, 1806. 

An Act authorizing the Inhabitants of the Town of Acton, in the County of Middle- 
sex, to regulate the taking of Fish called Shad and Alewives within the limits of 
said Town. 

1805, 43. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, it shall be lawful for the inhabitants of the town of 
Acton, to sell the right and regulate the time, places and manner of 



116 LAWS RELATING TO 

taking shad and alewives within the limits of said town, not exceed- 
ing in point of time three days in a week ; and the inhabitants of 
said town, at their annual meeting in March or April, are hereby 
authorized and empowered to appoint agents, whose duty it shall be 
to carry into execution the purposes of this act. 

Sect. 2. Be it further enacted, That the agents aforesaid may, in 
behalf of said town, and for their use and benefit, sell the right and 
regulate the times, places and manner of taking said fish within the 
town afoi'esaid ; and for the proceeds of the sale of said right, said 
agents shall be held to account with and pay to the said inhabitants, 
from time to time in such manner as they shall direct by vote in said 
meetings in March or April. 

Sect. 3. Be it further enacted, That the said agents shall forth- 
with, after establishing such rules and regulations, and determining 
by whom said fish may be taken, cause a copy thereof, under their 
hands, to be posted up in two or more public places within the said 
towns ; and if any person or persons, other than those to whom said 
right shall be sold as aforesaid, shall take any of the said fish within 
the town aforesaid, or if any person or persons to whom said right 
shall be sold as aforesaid, shall take any of said fish at any other 
time, in any other place, or in any other manner than shall be ex- 
pressed in the conditions of the sale to them, such person or persons, 
so offending, shall severally, and for each and ever}' offence, forfeit 
and pay treble the value of said fish so taken, to be recovered in an 
action on the case, to the use of an}' person who may sue for the 
same. — [February 25, 1806. 

[Sp. Laws, vol. 2, p. 117.] 

An Act to remove and prevent Obstructions to the passage of Shad, Alewives and 
other fisli in Parker River and the Falls River, so called, in the County of Essex, and 
the Streams and Brooks running into the said Falls River. 

1805, 76. Sect. 1. Be it enacted, That all the owners or occu- 
pants of any mill-dam, or other dam heretofore erected and made, or 
that shall hereafter be made across the rivers, streams or brooks 
aforesaid, shall, at their own expense, within six months after the 
passing of this act, make a suflScient way round or through their 
respective dams, for the passage of shad, alewives and other fish up 
into the ponds connected with said rivers ; and shall at their own 
expense keep open such passage-ways, from the fifteenth day of April 
to the first day of June in every succeeding year ; and no owner or 
occupant of any such mill-dam, shall at any time between the fifteenth 
day of April and first day of June in every year, draw off the water 
at his mill in such manner as not to leave the sluice-ways, which shall 
be made as aforesaid, full of water ; and if any such sluice-way be 



INLAND FISHERIES. 117 

closed or shut within the times aforesaid, the owner or occupant of 
the dam where such sluice-wa^^ is made, and also every such owner or 
occupant who shall draw off the water at his mill, contrary' to the 
provisions of this act, shall forfeit .and pay a sum not exceeding five 
hundred nor less than one hundred dollars for each offence, to be 
i-ecovered b}' indictment before the court of common pleas in and for 
said count}' of Essex ; one-half thereof to the use of the Common- 
wealth, and the other to the use of the poor of the town where the 
offence shall be committed. 

Sect. 2. And whereas the petitioners for the removal of said 
obstructions, and the parties interested in the several dams aforesaid 
have mutually agreed that Aaron Hobart, Esquire, of Abington, be 
appointed to repair to said dams, at the expense of the said peti- 
tioners, and to determine the dimensions and the most proper place 
in each dam for the passage-ways aforesaid : 

Be it further enacted, That the said Aaron Ilobart, Esquire, be, and 
he is hereby appointed to repair to and examine said dams, at the ex- 
pense of the said petitioners, and there to order and determine the most 
proper place at each dam for making such passage- wa3's, the breadth 
and depth thereof, and the manner in which they shall be made, and 
to make a return, in writing, on or before the first day of July next, 
of his doings herein, into the office of the secretary of this Common- 
wealth, to be there filed and kept with the records of the Common- 
wealth ; and every such passage-way, made and kept conformalily to 
the order and determination of the said Aaron Hobart, to be made as 
aforesaid, shall be taken and considered as a good and sufficient way 
for the passage of said fish, according to the provisions of this act. 

Sect. 3. Provided, nevertheless, and be it further enacted, That if 
the said Aaron Hobart shall not, on or before the first day of July 
next, make his order and determination in the premises and return 
the same as aforesaid, the court of sessions for the county of Essex 
shall and ma}' at any term thereof, on application of any party inter- 
ested, cause the place and the dimensions of the passage-waj's round 
or through the several dams aforesaid to be fixed and determined in 
the manner heretofore provided by law ; and in case any new dams 
shall be hereafter erected and made across any of the rivers, streams 
or brooks aforesaid, the said court of sessions shall and may in like 
manner cause the place and dimensions of the passage-ways round 
or through said new dams to be fixed and determined according to 
law ; and provided, also, that this act shall be in force until the first 
day of May, which will be in the year of our Lord one thousand eight 
hundred and sixteen, and until the end of the then next session of 
the general court, and no longer. — [March 3, 1806. 
[1808, 91 ; 1812, 106 ; 1837, 195.] 



118 LAWS RELATING TO 

An Act to regulate the Taking of the Fish called Shad and Alewives within the 
limits of the Town of Hingham, and for the effectual securing to the said Town the 
advantages thereof. 

1805,91. Sect. 1. Be it enacted, That the taking and disposing 
of tlie said fish called shad and alewives in the town of Hingham 
shall be under the care and management of a committee of the said 
town, who shall dispose of said fish in such manner as they shall 
judge most beneficial to the town, and shall render to the town treas- 
urer an account of the proceeds thereof on or before the first day of 
November annuallj- ; and the said committee shall have a reasonable 
allowance for their services, and lay their account thereof before the 
selectmen of the said town for their allowance and approbation ; and 
the said committee shall consist of five freeholders, chosen by ballot 
in the month of March or April annually, who shall be sworn or 
affirmed to the faithful discharge of their duty ; and if an}' person 
chosen to serve on the said committee, or if chosen shall neglect to 
take the oath or affirmation for the space of seven da\'s after being 
legally notified of such choice, he shall forfeit and pay to the use of 
the said town the sum of ten dollars. 

Sect, 2. Be it further enacted, That the said committee, or a 
majority of them', shall have full power and authority to open a suffi- 
cient passage-way for said fish from the waters in Ware River, so 
called, into Accord Pond, so called, and to remove from out of the 
river, brooks or streams issuing from Accord Pond, any ol^structions 
that ma}^ be made to the free passing of the said fish into the said 
pond, or repassing from the said pond to the sea ; and the said com- 
mittee, or either of them, going on to the land of any person or 
persons for this purpose, shall not be deemed trespassers ; and the 
said committee, or the major part of them, shall determine the partic- 
ular places where the said fish shall be taken, and give public notice 
thereof by posting up one or more notifications in some conspicuous 
place or places in the said town, on or before the first day of May 
annually ; and the said fish shall not be taken on any other da^'S than 
Monday, Wednesday and Friday, between the rising and the setting 
of the sun on the said da3's, nor by any other instrument than by a 
scoop or dip-net. 

Sect. 3. Be it farther enacted, That no person shall catch or take 
any of the said fish in any of the waters issuing from Accord Pond, 
or in any other streams within the said town, without the leave of the 
said committee, or the major part of them ; and whoever shall presume, 
at any time hereafter, to take, kill or hanl on shore any of the said 
fish, with seines or drag-nets, in said Ware River, through which the 
said fish pass into the said pond, or shall with any seine or drag-net, 
or in an}- other way obstruct the passage of the said fish to or from 



INLAND FISHERIES. 119 

the same, or shall with a scoop or dip-net, on any other days than as 
aforesaid, take any of said fish, or shall obstruct the said committee, 
or either of them, in the execution of their duty, in all and ever}- such 
case the offender shall for each offence forfeit and pay a sum not 
exceeding ten dollars nor less than five dollars ; and in case the oflT- 
ence be committed in the night, a sum not exceeding twenty dollars 
nor less than ten dollars. 

Sect. 4. Be it further enacted, That it shall be the duty of the 
said committee to give notice to the treasurer of the said town of 
Hingham, of all offences committed against this act, which may come 
to their knowledge ; and the said treasurer is hereby vested with full 
power and authority to sue for and recover, from time to time, all fines 
and forfeitures incurred by any breach of this act, in any court proper 
to try the same ; and such fines and forfeitures shall be to the use of 
the said town, saving where any person shall give information of any 
breach of this act, the informer, upon conviction of the ofljender, shall 
be entitled to one-third part of the forfeiture ; and no person shall be 
considered as disqualified from being a witness on any trial that may 
be had, pursuant to this act, on account of his being an inhabitant of 
the said town of Hingham, or of his being one of the committee afore- 
said. — [March 12, 1806. 

1806. 

[Sp. Laws, vol. 1, p. 272.] 
An Act in addition to an Act, entitled " An Act to regulate the Catching Salmon, Shad 
and Alewives, and to prevent Obstructions in Merrimack River, and in the other 
Rivers and streams running into the same, within this Commonwealth ; and for 
repealing several Acts heretofore made for that purpose." 

1806, 28. Sect. 1. Be it enacted. That so long as any mill or 
mills, or mill-dam, shall stand and be kept and maintained across 
Beaver Brook, in the town of Dracut, at the place where the mills of 
Joshua Bradley now stand, the owner or occupant of such mill or 
mills, and mill-dam, shall be required and held to keep open a passage 
or sluice-way for the fish to pass up and down through the same, which 
shall not be less than six feet wide, and the waters therein not less 
than six inches deep ; and the owner or occupant of such mill and dam 
shall be holden to keep the said passage or sluice-way below the dam 
in good repair. 

Sect. 2. Be it further enacted, That so long as the owner or 
occupant of such mill or mills as aforesaid, shall cause to be made and 
kept in good repair, and left open, such passage or sluice-wa}- through 
such dam or dams, of the dimensions and depth of water aforesaid, 
such proprietor or occupant shall not be subject to any prosecution 
under or by virtue of the act to which this is in addition, nor to any 
forfeiture or penalt}^ therein contained. 



120 LAWS RELATING TO 

Sect. 3. And be it further enacted, That this act shall continue 
and be in force for the term of three years from the passing thereof, 
and no longer. — [February 3, 1807. 

[Sp. Laws, vol. 2, p. 271.] 
An Act for the Preservation of the Fish in Massapaug Ponds (so called), in the County 

of Middlesex. 

1806, 60. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, it shall not be lawful for an}' person whatever, in the 
night-time, to kill, take, or destroy any fish in the pond called Massa- 
paug Ponds, lying between the towns of Dunstable, Groton and 
Tyngsborough, or in the streams running into or issuing therefrom, 
with spears or an}^ implement whatever, which is made use of for the 
purpose of stabbing or killing the fish in the said ponds or streams. 

Sect. 2. Be it further enacted, That if any pei'son or persons, 
from and after the passing of this act, in the night-time, after the 
setting and before the rising of the sun, with spears, or any other 
implement which is made use of for the purpose of killing or taking of 
fish, shall kill, take or destroy any fish in said pond called Massapaug 
Ponds, or in the streams running into or issuing therefrom, such per- 
son shall for each and every fish so taken, killed or de8tro3'ed, forfeit 
and pay the sum of fifty cents, to be recovered before an}^ court 
proper to try the same by action, in which the whole penalty shall 
enure to the use of such person as shall first sue for the same. — 
[February 20, 1807. 

[1823, 41.] 

An Act for the preservation of the Fish called Alewives, in their passage up the Rivers and 
Streams leading through the Towns of Salem and Danvers, in the County of Essex, 
and for the regulating the Taking said Fish in said Streams, and for repealing all 
Laws heretofore passed for regulating the Fishery in said Rivers and Streams. 

1806, 117. Sect. 1. Be it enacted, That the towns of Salem and 
Danvers shall be and they are hereby respectively empowei-ed and 
directed, at their annual town-meetings, to choose, by ballot, a num- 
ber, not exceeding five persons in each town, as a fish committee, 
whose duty it shall be to see that the laws respecting the passage- 
ways for said fish be duly observed ; and each person so chosen shall 
take an oath for the faithful discharge of the duties required of him by 
law ; and the committees from each of said towns shall meet together 
annuall}', on or before the first daj' of April, as the person first chosen 
by the town of Salem shall appoint, to be by him duly notified ; and 
the major part of committees present at such meetings, are hereby 
authorized and empowered to order the times, not exceeding three 
days in any one week, and the places where and the manner in which 
said fish may be taken, within the limits of either of said towns. And 
the members of the committees aforesaid, shall have joint and concur- 



INLAND FISHERIES. 121 

rent jurisdiction in eitlier of the said towns ; and the said committees, 
or either of them, or the members of either of them, shall have full 
power to act as such, in either of said towns. And in case either of 
said towns shall neglect to choose said committee, the town not 
neglecting shall have all the emoluments arising from the fishery, 
hereafter mentioned. And the said committees, or either of them, 
on neglect as aforesaid, shall have power to cause the whole natural 
course of the streams through which the said fish pass, in both the 
said towns, to be kept open and without obstruction, to remove such 
as be found therein, to make the passage-ways of such streams wider 
or deeper, if they may deem it necessary. And the said committees, 
or either of them, or any member thereof, shall have authority to go 
ou the land of any person through which such river or stream runs, 
or on which such land ma}' be bounded, for the purpose aforesaid, 
without being considered as trespassers ; and any person who shall 
hinder the said committees, or either of the members thereof, in the 
business and execution of their office, or shall obstruct any passage- 
way in such river or stream, otherwise than may be allowed by such 
committee or committees, he or she shall forfeit and pay a sum not 
exceeding fifty dollars nor less than five dollars. 

Sect. 2. Be it further enacted. That the said committees, or the 
major part of them present at an}' meeting duly notified, being not 
less than three in number, shall be and they are hereby authorized 
and empowered to open any dam or sluice-head of any mill erected 
or that ma}' be erected on or over any such river or stream, at the 
expense of the owner or owners of such dam or sluice, if such owner 
or owners shall neglect to open the same when thereto required by 
said committees, or the major part of them, as aforesaid ; and the 
dam or sluice so opened shall continue open such depth and width as 
the said committees or the major part of them shall order, from the 
tenth day of April to the last day of May in every year ; and the said 
committees may (when they shall deem it necessary) order the pas- 
sage-ways open at an earlier period, not prior to the first day of 
April. And in case any person or persons shall obstruct the passage- 
way allowed or ordered by said committees, or the major part of 
them, in any dam or sluice, each person so offending shall forfeit and 
pay a sum not exceeding fifty dollars nor less than ten dollars. 

Sect. 3. Be it further enacted, That the owner or owners of any 
tide-mills erected, or that may be hereafter erected, shall (in addition 
to the regulations before prescribed for mill-dams) keep a sluice-gate 
hoisted, or passage-way open, of three feet in width and two feet 
high, three hours before high-water, and to continue open such width 
and depth until high-water, and the bottom of such passage-way so 
opened shall be as low as the said committee shall direct, on penalty. 



122 LAWS RELATING TO 

of forfeiting, for each tide when such shiice-gate is not hoisted or said 
passage-wa}' so opened, a sum not exceeding twenty dollars nor less 
than five dollars. 

Sect. 4. Be it farther enacted, That the committee appointed as 
aforesaid are hereb}^ authorized and empowered to lease, or sell at 
public vendue, or otherwise, the privilege of taking and disposing of 
said fish, when they shall deem it expedient ; and the person or per- 
sons purchasing the said privilege, shall pa}^ one moiety thereof to 
the treasurer of the town of Salem, and tbe other moiety thereof to 
the treasurer of the town of Danvers, on or before the last day of Sep- 
tember, annually, under the penalty of paying one hundred dollars 
for the use of the said towns ; and no person hiring or purchasing 
said privilege, shall demand of any person more than at the rate of 
thirty cents for each hundred of said fish thus sold, on penalt}' of pay- 
ing five dollars for each offence ; and any person or persons taking 
any of said fish, not being authorized b}" the said fish committee, shall 
pay a fine of not more than ten dollars nor less than one dollar. 

Sect. 5. Be it further enacted, That when the committees afore- 
said, or either of them, or any member thereof, shall detect any per- 
son or persons, not authorized by said committee, in attempting to 
take any of said fish, and shall find such fish with such person or per- 
sons, they shall be doomed to have taken said fish, and be subject to 
the penalties of this act accordingly ; and any net or other machine 
found in any snch river or stream for the purpose of taking said fish 
(not authorized by said committees) shall be forfeited ; and no person 
by reason of his being one of either of the committees aforesaid shall 
thereb}^ be disqualified from being a witness in any prosecution for a 
breach of this act. 

Sect. 6. Be it further enacted, That any justice of the peace in 
cither of tlie said towns of Salem and Danvers, may hear and deter- 
mine any complaint under this act, to the amount of thirteen dollars 
and thirty-three cents, his being an inhabitant of the said town not- 
withstanding ; and incase an}' minor or minors shall offend against 
any part of this act and thereby incur an}' or either of the penalties 
aforesaid, in all such cases the parent, master or guardian of such 
minor or minors shall be answerable therefor ; and in case of a prose- 
cution of such minor or minors, the action shall be commenced against 
the parent, master or guardian of snch minor or minors, respectively, 
and judgment rendered accordingly. 

Sect. 7. Be it further enacted, That all sums recovered as forfeited 
by this act shall be appropriated, one moiety thereof to the prosecu- 
tors, and the other moiety equally divided between the said towns of 
Salem and Danvers. 

Sect. 8. Be it further enacted. That all laws heretofore passed, 



INLAND FISHERIES. 123 

concerning the fishery iu the rivers and streams aforesaid, be and the 
same are hereby repealed, excepting so far as may relate to any for- 
feitures or penalties incurred for a breach of those laws. — [February 

28, 1807. 

[1814, 129.] 

1807. 

[Sp. Laws, vol. 3, p. 441.] 
An Act to continue in force an Act for regulating the passage-way for Fish tlirough the 
Dam at the mouth of Stoney Brook, so called, in the Town of Chelmsford, in the 
County of Middlesex. 

1807, 49. Be it enacted, That an act made and passed on the 
ninth day of March, in the year of our Lord one thousand eight 
hundred and four, entitled " An Act in addition to an Act entitled 
An Act to regulate the catching vSalmon, Shad and Alewives, and to 
prevent obstructions in Merrimack River, and in the other rivers and 
streams nmning into the same within this Commonwealth ; and for 
repealing several acts heretofore made for that purpose," be and here- 
by is continued in force for the term of three years from the expira- 
tion thereof, any limitation in the same act contained, to the contrary 
notwithstanding. — [February 13, 1807. 

1808. 

An Act to regulate the Taking of Fish in the Town of Rochester. 

1808, 64. Sect. 1. Be it enacted, That any person who shall 
take any of the fish called alewnves in the brook leading out of 
Merry's Pond, so called, in Rochester, into Sippican River, or in the 
said Sippican River, excepting as is in this act allowed, shall forfeit 
and pay the sum of ten dollars, to be recovei'cd in an action of debt 
in any court proper to try the same, by the treasurer of said town, to 
the use of said town. 

Sect. 2. Be it further enacted, That the inhabitants of the said 
town of Rochester, at their annual town meeting in the month of 
March or April annually, shall choose a committee of not more than 
six nor less than three inspectors of said brook and stream, who shall 
be under oath as other town officers, to inspect the same, under the 
direction of the selectmen of said town for the time being, and whose 
duty it shall be to give immediate notice to the treasurer of said town 
of all breaches of this act which has come to their knowledge. 

Sect. 3. Be it further enacted, That the inhabitants of said town 
of Rochester, at any town meeting legally warned (having an article 
in the warrant) for that purpose, may if the}' think proper, sell the 
exclusive right to the taking of said fish in said brook, or in said river, 
for a term not more than one year, to the highest bidder or bidders, 
to be taken at such times and places and b}' such means as shall ,be 



124 LAWS RELATING TO 

pointed out in the conditions of sale ; and if any such purchaser shall 
take any of such fish in said river or in said brook, contrary to the 
terms in the conditions of sale, every such person or persons shall 
forfeit and pay the sum of twent^^-five dollars, to be recovered as afore- 
said, for the use aforesaid. 

Sect. 4. Be it further enacted^ That if an}' person shall make, or 
erect any wear or other impediments in or across said brook or river, 
below where said brook empties itself into said river, by which the 
passage of said fish up said brook or up said river shall be obstructed, 
each person sq offending shall for each and every offence forfeit and 
pa}' the sum of fifty dollars, to be recovered as aforesaid for the use 
aforesaid. — [March 2, 1809. 

[Sp. Laws, vol. 1, p. 313.] 
An Act in addition to an Act passed in the yeai- of our Lord one thousand eight hun- 
dred and two, entitled " An Act for the Preservation and regulating the Taking the 
Fish called Alewives, in the Brook running from the West Quiticus Pond to the East 
Quiticus Pond, near the line between the Towns of Middleborough and Rochester, in 
the County of Plymouth." 

1808, 78. Sect. 1. Be it enacted^ That from and after the pass- 
ing this act, the agents appointed by the town of Middleborough and 
the town of Rochester in pursuance to the act to which this is in addi- 
tion are respectively authorized to sell the right of taking said fish in 
said brook on every day in the week, Sundays only excepted, and the 
purchaser or purchasers shall have the same right to take said fish on 
each and every day in the week, Sundays excepted, as purchasers had 
under said act to take them on Tuesdays, Wednesdays and Thurs- 
days ; and shall also be holden by all the restrictions and regulations 
provided in said act. 

Sect. 2. Be it further enacted, That if any person, living without 
the limits of the county of Plymouth, shall ofl^end against the pro- 
visions of this act, or of the act to which this is in addition, any jus- 
tice of the peace in the county where such person lives or resides, is 
hereby authorized to take cognizance of, hear and determine all such 
offences, in the same manner as if the offence had been committed 
within the county for which lie is a justice of the peace. 

Sect. 3. Be it further enacted, That all forfeitures incurred by 
the provisions of this act, shall be recovered in the manner and to the 
uses specified in the act to which this is in addition. — [March 3, 1809. 

[1862, 202.] 



INLAND FISHERIES. 125 



[1805, 76.] 

An Act in addition to an Act entitled " An Act to prevent and remove Obstructions to 
the passage of Shad, Alewives and other Fish in Parker River, and the Falls River, 
so called, in the County of Essex, and the Streams and Brooks running into the said 
Falls River." 

1808, 91. Sect. 1. Be it enacted, That no person or persons 
whatever, be allowed from and after the passing of this act, to catch 
with dip-nets through the ice any bass, shad, alewives or other fish in 
Parker River, the Falls River, so called, in the county of Essex, and 
the streams and brooks running into the said Falls River and in Row- 
ley River ; and any, person or persons so offending, shall forfeit and 
pay for each offence a fine, not less than five dollar's nor more than 
twenty dollars, at the discretion of the court before whom trial shall 
be had, according to the aggravation of the oflTence. 

Sect. 2. Be it further- enacted, That from and after the passing of 
this act, no person or persons whatever be allowed to take by seines 
any bass, shad, alewives or other fish in Parker River, Rowley 
River, the Falls River, and streams and brooks running into the said 
Falls River, excepting within that part of Parker River lying more 
than seventy rods below the falls, by John Lee's manufactory ; and 
any person or persons so' offending shall forfeit and pay for each 
offence, a fine not less than five dollars nor more than twenty dollars, 
at the discretion of the court before whom trial may be had, accord- 
ing to the aggravation of the oflfence. 

Sect. 3. Be it further enacted, That from and after the passing of 
this act, no person or persons whatever be allowed to catch an}' bass, 
shad, alewives or other fish, oftener or more than two days in a w6ek, 
the daj's to be Monday and Tuesday, and from sunrise on Monday 
morning to sunrise on Wednesday morning. And if any person or 
persons shall catch any bass, shad or alewives in Parker River, the 
Falls River, and streams and brooks running into Falls River, and in 
Rowley River, or shall drag au}^ seine or drag-net, or set any net, or 
use any other machine for the purpose of catching any of the said fish 
in the said rivers or streams, at any other time or place than by this 
act is allowed, each and every person so offending shall forfeit and 
pa}^, for each offence, a fine not less than five dollars nor more than 
twenty dollars, at the discretion of the court before whom trial ma}' 
be had, according to the aggravation of the offence, and the seine, 
net, pot or other machine shall be forfeited. 

Sect. 4. Be it further enacted, That from and after the passing of 
this act no person or persons whatever shall be allowed at any time 
to catch by seines, nets, pots or any other way, any bass, shad, ale- 
wives or other fish, within six rods from said mill-dam, or other dams, 
or of any sluice or passage-way through or by any mill-dam or other 



126 LAWS KELATING TO 

dam that is or may be made across the said rivers or streams, or shall 
place auy obstructions in the said sluice or passage-wa3's in the said 
rivers and streams, and each and every person so offending shall for 
each and every offence forfeit and pay a fine not less than five dollars 
nor more than twenty dollars, at the discretion of the court before 
whom trial may be had, according to the aggravation of the ofi'ence. 

Sect. 5. Be it further enacted. That the several towns of New- 
bury,' Rowley and Boxford shall, at their annual meetings for the 
choice of officers, respectively, choose by ballot a committee of 
three persons from each town, whose duty it shall be jointly and sev- 
erally to carry into effect the provisions of this act and the act to 
which this is in addition ; and the said committee, before they enter 
on the execution of their office, shall be sworn to the faithful and 
impartial discharge of their duty in the same manner as other town 
officers are sworn, and when so sworn they shall have power to pur- 
sue, and are hereby authorized to pursue and execute the duties of 
their said offices on any part of the aforesaid rivers and streams within 
either of the aforesaid towns. 

Sect. 6. Be it further enacted, That all fines and forfeitures 
incurred by a breach of this act, ma3rbe sued for and recovered in any 
court proper to try the same, one moiety thereof to him or them who 
may sue and prosecute for the same, the other moiety to the use of 
the towns of Newbury, Rowley and Boxford. 

Sect. 7. Be it further enacted, That the said committee, chosen as 
aforesaid, shall meet at the lower dam on the Falls River, in New- 
bury, near John Lee's manufactory, on the third Monday in May 
annually, at ten o'clock in the forenoon, and shall meet at such other 
times and places within each 3ear as the committee may find necessary, 
and at such meetings the majority of the committee present shall have 
the power of the whole committee. 

Sect. 8. Be it further enacted, That the said committee, at their 
meetings in manner aforesaid, are hereby authorized and empowered 
to order and direct from time to time such alterations as may to them 
appear necessary' in the several sluice or passage-waj's provided by 
the act to which this is in addition ; and any owner or occupant of any 
mill-dam or other dam across any of the said rivers or streams, who 
shall neglect to make the alterations in the said sluice or passage-way 
and cause the same to be kept open and daily supplied with water, as 
directed by the committee, from the fifteenth day of April to the first 
day of June annually, after being duly notified by the committee, shall 
forfeit and pay for each offence the same fine and in the same manner 
as is provided for a similar offence by the act to which this is in 
addition. — [March 4, 1809. 



INLAND FISHERIES. 127 

[Sp. Laws, vol. 1, p. 272.] 
An Act to alter the Times allowed by Law for Taking Fish in the Mouth of Concord 

River. 

1808, 94. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act it shall and may be lawful to take salmon, shad and 
alewives in the mouth of Concord River on Monday and Tuesday in 
each week, from sunrise on Monday morning to sunrise on Tuesday 
morning, and at no other times : provided, that such fish shall be taken 
within the limits prescribed in and by an act passed on the fourth day 
of March, one thousand seven hundred and ninety, entitled " An Act 
to regulate the catching of salmon, shad and alewives, and to prevent 
obstructions in Merrimack River and the other rivers and streams run- 
ning into the same, within this Commonwealth, and for repealing several 
acts heretofore made for that purpose." And whoever shall take any 
of the said fish at any other time without the limits aforesaid shall be 
subject to the same forfeitures and penalties, to be recovered ^and 
appropriated in the same manner as in said act is provided for similar 
breaches thereof. — [March 4, 1809. 

[1835, 89.] 

1809. 

An Act to regulate the Fishery in the Towns of Ipswich, Hamilton and Wenham. 

1809, 57. Sect. 1. Be it enacted, That the owner or owners, 
occupier or occupiers of mill-dams, across the streams leading from 
the head of the tide waters in that part of Ipswich called Chebacco, 
to Chebacco Pond, and the ponds adjacent thereto, or the owner or 
owners, occupier or occupiers of anj- mill-dam which may be hereafter 
erected on the streams aforesaid, be and the}' are hereb}^ required, 
henceforward, at their own cost and charge, in proportion to their 
several interests, to make and keep open a sutHcieat passage, of such 
depth and width as the committee shall direct, for the fish called shad 
and alewives, through their respective dams, from the tenth day of 
April to the fifteenth day of Maj^, annually, and the privilege and ben- 
efit of taking fish in the said streams and ponds shall be free to the 
inhabitants of the said towns of Ipswich, Hamilton and Wenham, 
within the limits of their respective towns, on the days and within the 
limitations iDrescribed by this act. 

Sect. 2. Be it further enacted., That the inhabitants of the towns 
aforesaid, at their annual town meetings for the choice of town officers, 
be and they are hereby authorized and directed to appoint three or 
more discreet persons, in each of said towns, as a fish committee, to 
oversee the taking the fish agreeably to this act, which committee 
shall be sworn to the faithful discharge of their trust. 



k 



128 LAWS RELATING TO 

Sect. 3. Be it further enacted. That if the owner or owners, oc- 
cupier or occupiers of the dams aforesaid, shall refuse or neglect to 
open and keep open within the period before mentioned, the passages 
as aforesaid, such owner or owners shall forfeit and pay the sum of 
one hundred dollars to the use of the towns as aforesaid, to be recov- 
ered b}' action of debt, in any court proper to try the same. 

Sect. 4. Be it further enacted.. That there shall be two days in 
each week appj'opriated for taking of said fish in the said streams and 
ponds, viz., on Monday and Friday, and no fish shall be taken on 
any other days than the days prescribed b}- this act, on the penalty 
of not more than ten dollars and not less than two dollars, and no 
person shall be allowed to take said fish with seines or drag-nets, on 
penalty of thirteen dollars. 

Sect, 5. Be it further enacted, That any justice of the peace in 
either of the towns of Ipswich, Hamilton or Wenham, shall have 
cognizance of any breach of this act, and hear, try and determine 
any complaints to the amount of thirteen dollars, his being an inhab- 
itant of either of the said towns notwithstanding ; and in case any 
minor or minors shall offend against any part of this act, and thereby 
incur any of the penalties aforesaid, in all such cases the parent, 
master or guardian of such minor or minors shall be answerable 
therefor, and in case a prosecution shall ensue, the action shall be 
commenced against the parent, master or guardian of such minor or 
minors, respectively, and judgment rendered accordingly. — [March 

1, 1809. 

[1811, 113.] 

1810. 

An Act to preserve and regulate the taking or catching of Fish called Smelts, in the 
Island River, so called, in the South part of the Town of Maiden, in the County of 
Middlesex. 

1810, 112. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, it shall not be lawful for any person or persons to 
draw or set any seine, net or drag-nets in the Island River (so called) , 
between Beacham's Point and a dam in said river, near the island so 
called, in said town of Maiden, from the first da}' of October to the 
first day of May, annually ; and any person so offending herein, shall, 
for each offence, forfeit and pay a sum not more than twenty dollars 
nor less than ten dollars, to be recovered by action of debt before any 
court proper to try the same, one half to the use of the town and the 
other half to the use of him or them who may sue therefor. — [Feb- 
ruary 28, 1811. 



INLAND FISHERIES. 129 

[Sp. Laws, vol. 1, p. 191.] 

An Act in addition to an Act entitled " An Act to prevent the destruction of Alewives 

and other Fish in Ipswich River, and to encourage the increase of the same." 

1810, 117. Sect. 1. Be it enacted, That it shall be lawful for 
the inhabitants of the towns of Ipswich, Hamilton, Topsfield, Read- 
ing, Danvers and Middleton, to take fish with seines or drag-nets in 
Ipswich River, one day in each week, which da}- shall be Wednesday', 
at such place in each town as the fish committees in said town shall 
respectively direct, and under such regulations and restrictions as the 
towns aforesaid shall adopt, anything in the act entitled "■ An Act to 
prevent the destruction of alewives and other fish in Ipswich River, 
and to encourage the increase of the same," to the contrary notwith- 
standing. — [February 28, 1811. 

1811. 

[Sp. Laws, vol. 1, p. 290.] 
An Act further regulating the Taking of Fish in Mattapoisett River. 

1811, GO. Sect. 1. Be it enacted, That if an}' person or persons 
shall take any fish called alewives in Mattapoisett River, in the town 
of Rochester, in the county of Plymouth, or stretch any seine in 
said river for the purpose of taking fish at any time hereafter in either 
of the months of March, April or May in any part of Mattapoisett Har- 
bor in said Rochester, to the northward of a line running directly 
from the most southerly part of Capt. Job Haskell's farm on the 
westerly side of said harbor, to the most southerly part of Joseph 
Edwards' land on the easterly side of said harbor, such person, or 
persons so offending shall for each offence forfeit and pay fifty dol- 
lars, to be recovered in the same way, and to the same uses as for- 
feitures for taking said fish in the same river are by law to be recovered. 

Sect. 2, Be it further enacted, That the selectmen of said town 
are hereby authorized annually to regulate the manner in which the 
purchasers of the exclusive right of taking said fish in said river 
shall respectively take them, and if any such purchaser shall not con- 
form to such regulations, such purchaser shall for every such offence 
forfeit fourteen dollars, to be recovered as aforesaid, for the use or 
uses aforesaid. 

Sect. 3. Be it further enacted, That if any person not an inhab- 
itant of the said county of Plymouth, shall take any of said fish in 
said river contrary to law, he shall be holden to answer for the same 
before any justice of the peace within and for the county of which 
such person is an inhabitant, or in which he is resident ; and all such 
justices have hereby given them respectively ample jurisdiction of all 
such actions which may be brought before them, and fully authorized 
to hear and try them in the same manner as if the forfeiture had been 



130 LAWS RELATING TO 

incurred in the same county, and no fiction of law shall be necessary 
in the declaration to bring such cause within the jurisdiction of such 
justice of peace. 

Sect. 4. Be it further enaclecl, That in all prosecutions for taking 
said fish in the said river contrary to law, none of the laws on that 
subject need to be recited, but the plaintiflE" may declare generally 
against the offender for taking the fish called alewives in Mattapoisett 
River in Rochester, in the county of Plymouth, within a limited time, 
contrary to the form and effect of the statute in such case made and 
provided. — [June 24, 1811. 

An Act for the relief of the Owners of the North Mill-Dam (so called), at the Lower 

Falls in Newton. 

1811, 76. Sect. 1. Be it enacted, That a certain act made and 
passed in the year of our Lord one thousand seven hundred and 
forty-one, entitled " An Act in addition to <an Act made to prevent 
the destruction of the fish called alewives and other fish," so far 
as the same may regard or impose any duty upon the owners or 
occupants of the North Mill-Dam, which is erected across Chai^les 
River from the town of Newton to the town of Needham, at the 
lower falls, be and the same is duly repealed. 

Sect. 2. Be it further enacted, That it shall not hereafter be the 
duty of the owner or occupants of the said mill-dam, or any other 
dam which may be built or erected across Charles River, between the 
said towns of Newton and Needham at the lower falls aforesaid, in 
the place where the old dam now stands to make or keep open through 
anv such dam, any sluice or passage-way through any such dam dur- 
ing any part of the year, any other law or usage to the contrary' not- 
withstanding. — [June 25, 1811. 

[1809, 57.] 

An Act to repeal an Act entitled " An Act to regulate the Fisheries in the Towns of 

Ipswich, Hamilton and Wenham." 

1811, 113. Be it enacted, That an act passed the first da}^ of 
March, eighteen hundred and nine, entitled " An Act to regulate the 
fishery in the towns of Ipswich, Hamilton and Wenham," be and the 
same is hereby repealed. — [February 28, 1811. 

[Sp. Laws, vol. 1, p. 272.] 

An Act in further addition to an Act entitled " An Act to regulate the Catching of Sal- 
mon, Shad and Alewives and to prevent Obstructions in Merrimack River, and in 
the other Rivers and Streams running into the same, within this Commonwealth, and 
for repealing several Acts heretofore made for that purpose." 

1811, 175. Sect. 1. Be it enacted, That an}' person who shall be 
convicted of catching any shad, salmon or alewives in Merrimack 
River, or any river or stream centering to or running into the same, 



INLAND FISHERIES. 131 

or shall drag any seine or drag-net, or set any net or pot, or use an}' 
other machine for the purpose of catching any of the said fish in an}' 
of the said rivers or streams within this Commonwealth, at any other 
time or place other than is allowed by the act to which this is in addi- 
tion, shall forfeit and pay for each offence, a sum not less than seven 
dollars nor more than thirty dollars, at the discretion of the court 
before which trial shall be had, according to the aggravation of the 
offence, anything in the act to which this is in addition to the contrary 
notwithstanding. 

Sect. 2, Be it further enacted^ That from and after the passing 
this act, every town in this Commonwealth bordering on Merrimack 
River, and in which there are any ponds, rivers or streams centering 
to or emptying themselves into Merrimack River, where salmon, shad 
or alewives do or would (if not obstructed) go up to cast their spawn, 
shall at their annual meeting in the month of March or April, annu- 
ally, choose by ballot at least six suitable and fit persons as fish- 
wardens, any law or usage to the contrary notwithstanding. 

Sect. 3. Be it further enacted. That if any person shall be found 
in any way aiding or assisting in unlawfully fishing, on conviction 
thereof he shall be adjudged guilty of a breach of the act to which this 
is in addition, and shall forfeit and pay the same fine as is provided 
in this act for actually fishing on unlawful days. 

Sect. 4. And he it further enacted. That the powers given to fish- 
wardens in the act to which this is in addition, shall be transferred to 
the selectmen of the several towns where this law can operate or have 
force, so far as relates to opening and preventing obstructions in 'or 
across the said Merrimack River, or any of the rivers or streams run- 
ning into the same ; and it shall be the duty of the selectmen of the 
three nearest or next adjoining towns, where any obstructions are or 
may be formed in or across said rivers or streams, or the major part 
of such selectmen, to remove pr cause to be removed after twenty-four 
hours' notice given to the owner, builder or occupier, all obstructions 
to a free and suitable passage of the said fish up and down the said 
rivers and streams ; and if the owner, builder or occupier of any 
dam or other obstruction shall refuse or neglect for the space of 
twenty-four hours after notice given as aforesaid, to remove such dam 
or obstruction, or such part thereof as the selectmen shall direct, the 
selectmen shall cause the same to be removed at the expense of the 
owner, builder or occupier thereof. 

Sect. 5. Be it further enacted, That all fines and forfeitures 
incurred by any breach of this act, or the act to which this is in addi- 
tion, and not exceeding ten dollars, shall enure wholly to the fish- 
warden complaining; and all fish found taken on unlawful days shall 
be the property of the fish-warden finding them. — [February 29, 1812, 



132 LAWS KELATING TO 

[Sp. Laws, vol. 1, p. 269.] 

An Act supplementary to "An Act regulating the Taking and Disposing of the Fish 

called Alewives in the Town of Pembroke." 

1811, 72. Sect, 1. Be it enacted^ That no person or persons shall 
set, draw or cast an}' seine, drag or set-net, of any dimensions what- 
ever, in the North River, so called, in the county of Plymouth, except 
from the sun's rising on Friday morning to the sun's rising on the 
following morning in each week ; and that no seine, drag or set-net 
shall be set, drawn or cast in said river above what is called and 
known by the name of the Third Herring Brook, or Smelt Brook, 
excepting as is excepted in the tenth section of the act to which this 
is a supplement, on the penalty of sixteen dollars for each offence, to 
be recovered and appropriated in the manner provided for the recover^' 
and appropriation of fines and forfeitures by the act to which this is a 
supplement. 

Sect. 2. Be it further enacted, That the ninth section of the act to 
which this is a supplement, be and it hereby is repealed. — [June, 
25, 1811. 

1812. 

[Sp. Laws, vol. 1, p. 272.] 
An Act in further addition to and amendment of an Act entitled " An Act in addition to 
an Act passed the fourth day of March, one thousand seven hundred and ninety, 
entitled ' An Act to regulate the Catching of Salmon, Shad and Alewives, and to pre- 
vent Obstructions in Merrimac River, and in the other Streams running into the same, 
within this Commonwealth.' " 

1812, 84. Be it enacted^ That the act aforesaid to which this is in 
addition, passed the twenty-seventh day of March, seventeen hundred 
and ninety-three, which prohibits the taking of any fish " within fift}' 
rods below or twenty rods above the mouth of any river or stream in 
the town of Andover emptying into Merrimac River," be so amended 
as that any person or persons may hereafter, with the consent of the 
proprietors of the soil, or having otherwise the right of fishing thereon, 
draw any seine for the purpose of catching shad and salmon in Merri- 
mac River at an\' place between fift}'^ and twenty-five rods below the 
mouth of Shausheen River, and between twenty and ten rods above 
the mouth of Cocheco Brook, in the town of Andover ; anything in the 
act aforesaid to the contrary notwithstanding. — [February 16, 1813. 

[Sp. Laws, vol. 1, p. 296.] 

An Act to regulate the taking of Fish in Connecticut River. 

1812, 103. Sect. 1. Be it enacted^ That no person or persons 

whatever be allowed, from and after the passing of this act, to catch 

any salmon or shad, or draw any seine for the purpose of catching an}^ 

salmon or shad, in that part of Connecticut River which passes through 



k 



INLAND FISHERIES. 133 

this Coniraonwealth, from the twenty-fifth day of June to the first day 
of December, annually ; and if any person or persons shall catch any 
salmon or shad in said river, or shall drag any seine or net for the 
purpose of catching an}' of the said fish in said river, within this Com- 
monwealth, between the said twenty-fifth day of June and the said 
first daj' of December, annually, each and every person so offending 
sliall forfeit and pay for each oflfence a fine of ten dollars. 

Sect. 2. Be it further enacted^ That if any person or persons, at 
any time, in the river aforesaid, within this Commonwealth, shall fish 
with a seine or net exceeding forty-five rods in length, or extend more 
than one seine or net on the same fishing-ground at one and the same 
time, he or they shall, for each ofl'ence, forfeit and pa}^ a fine of twenty 
dollars. 

Sect. 3. Be it ftirfher enacted, That all the fines and forfeitures 
iucurred by a breach of this act, shall be recovered in an action of debt 
before any court of competent jurisdiction, in the county where the 
oflfence is committed, and all such fines and forfeitures so recovered, 
shall enure to the benefit of him or them who shall prosecute for the 
same. 

Sect. 4. Be it further enacted, That no action founded on this act 
shall be sustained, unless the same be commenced within one year 
from the time in which the offence complained of may be committed. 

Sect. 5. Be it further enacted. That all seines, nets, boats or other 
fishing implements, which shall be used in violation of an}' provision 
of this act, shall be liable to attachment, and held to respond such 
damages and costs as may be recovered in any action prosecuted 
under this act. — [February 26, 1813. 

[1835, 137.] 

[1805, 76.] 
An Act in farther addition to an act entitled " An Act to prevent and remove Obstruc- 
tions to the passage of Shad, Alewives and other Fish in Parker River and the 
Falls River, so called, in the County of Essex, and the Streams and Brooks running 
into the said Falls River." 

1812, 106. Be it enacted, That from and after the passing of this 
act, the sluice-wa3's at each and every dam made for the passage of fish 
on the Falls River, so called, in the county of Essex, shall, at all times, 
from the fifteenth day of April to the first day of June, annually, be 
such that the perpendicular section of the water running in each of the 
said sluice-ways shall be equal to one hundred and forty-four square 
inches, and the said sluice-ways shall be made in such form, at such 
places, and with such convenient passages thereto, in and at the sev- 
eral dams aforesaid, as Dennison Wallace and Nathan Felton, 
Esquires, of Danvers, in the county of Essex, shall direct. And the 
mill-holders are hereby obliged to make, at their own expense, the 



134 LAWS RELATING TO 

sluice-waj's and passages as above directed, if not already made, and 
keep the same in repair during the continuance of the act to which 
this is in addition, and shall not be holden to make any other altera- 
tions at their expense during the continuance of the said act ; and the 
said mill-holders shall be liable to the same penalties, to be sued for 
and recovered in the same manner, for any breaches of the duties 
enjoined upon them by this act, as are prescribed for the like offences 
in the act to which this act is in addition. — [February 26, 1813. 

[1837, 195.] 

[Sp. Laws, vol. 1, p. 191.] 

An Act in addition to the several Acts to prevent the destruction of Alewives and other 

Fish, in Ipswich River. 

1812, 127. Sect. 1. Be it enacted. That from and after the pass- 
ing of this act, the time for the passage-way or passage-ways to be 
kept open for the fish to pass or repass through any mill-dam or dams 
now erected, or to be hereafter erected on the stream running from 
Humphrey's Pond, so called, into Ipswich River, shall be from the 
tenth day of May to the tenth day of June, annually, anything in the 
beforementioned acts to the contrary notwithstanding. 

Sect. 2. Be it further enacted, That the agent appointed by the 
Danvers Cotton Factory Company shall always be one of the fish com- 
mittee provided for in the acts to which this is in addition and 
amendment. — [February 27, 1813. 

An Act to preserve and regulate the Eel Fishery in the Town of Chatham. 

1812, 132. Sect. 1. Be it enacted. That from and after the first 
day of September next, it shall not be lawful for an}' person not an 
inhabitant of the town of Chatham, to take, within the limits of said 
town, any eels, without a permit, in writing, from the major part of 
the selectmen of the said town, expressing the name of the person, and 
the quantity permitted to be taken ; and every person so offending 
shall forfeit and pay for every dozen so taken, the sum of twenty-five 
cents : provided, nevertheless, that the major part of the selectmen, for 
the time being, shall have power to give permits, in writing, to any 
person, to take eels in said town of Chatham, at such times and in 
such quantities as they shall deem reasonable, and express in their 
permit ; provided, also, that every inhabitant of said town of Chat- 
ham, without such permit, shall have a right to take eels within the 
limits of said town, for the use of his family. 

Sect. 2. Be it further enacted, That if any boat, cart, sled, horse 
or crafts shall be found within the limits of said town of Chatham, 
and not owned therein, with any eels taken within the limits of said 
town, without a permit as aforesaid from the selectmen, it shall be 
lawful for any of the fish-wardens, or for any inhabitant or inhabitants 



INLAND FISHERIES. 135 

of the town of Chatham to seize and detain the same, not exceeding 
twent3'-four hours, in order that the same, if need be, ma}' be attached 
or arrested by due pi'ocess of law, in that time to answer the said fines 
and forfeitures, with costs of suit, 

Skct. 3. Be it further enacted, That all fines and forfeitures 
which may be incurred thereby, shall enure one-half to him or them 
who ma}' sue for the same, and the other half to the said town of 
Chatham ; and the same shall be recovered, with legal costs of suit, 
in an action of delit, before any justice of peace for the county of 
Barnstable, not interested therein. — [February' 27, 1813. 

An Act in addition to an Act entitled " An Act to incorporate the Proprietors of Fresli 
Pond Meadows, for the purpose of Draining them." 

1812, 138. Sect. 1. Be it enacted, That the proprietors of Fresh 
Fond Meadows may erect, at the bridge on the county road between 
Cambridge and West Cambridge, and, from time to time, keep a gate 
or machine for the purpose of facilitating the draining the Fresh Pond 
Meadows, so called, in the towns of Cambridge and West Cambridge : 
provided, that the said gate or machine may be kept open by the select- 
men of either of the towns of Cambridge or West Cambridge, from the 
first day of March to the fifteenth day of June, in each and every year, 
for the free passage of fish. 

Skct. 2. Be it further enacted, That if it shall be found that the 
time aforesaid is not sufficient for the free passage of shad and ale- 
wives, that on the application of the selectmen of either of said towns, 
the court of sessions, for the count}* of Middlesex, may direct that 
the said gate or machine shall be kept open for such further time "as 
may be deemed necessary for the preservation of said fish. 

Sect. 3. Be it further enacted. That if any person shall wilfully 
destroy, injure or impede the operation of the said gate or machine, 
the person so offending shall forfeit and pay, for each ofl^ence, a sum 
not exceeding one hundred dollars nor less than twenty dollars, to be 
recovered before any court proper to try the same, one half to the 
use of the informer, and the other half to the use of the proprietors 
of the Fresh Pond Meadows aforesaid. — [February 27, 1813. 

[1813, 64.] 

An Act to regulate the Fishery in the Town of West Cambridge, and to empower said 
town to dispose of the Privilege of taking the Fish called Shad and Alewives within 
the limits thereof. 

1812, 129. Sect. 1. Be it enacted. That the said town of West 
Cambridge shall, at their annual meeting in March or April, choose 
a committee, not exceeding seven nor less than three freeholders of 
said town, who shall be sworn to the faithful discharge of the duty 
enjoined upon them by this act, and also the act to prevent the 



136 LAWS RELATING TO 

destruction of the shad and alewives in Mystic River, so called, 
within the towns of Charlestown, Medford and Cambridge. And it 
shall be and it is hereby made the duty of the said committee, to 
cause the natural course of the rivers and streams to be kept open 
and without obstruction during the whole season the said fish pass up 
or down said rivers or streams, and to remove any such obstructions 
as may be found therein. And the said committee, or any two of 
them, paying or tendering a reasonable sum, if demanded, shall have 
authority, in discharging the duties enjoined upon them b}'^ this act, 
to go on the lands of any person bounding on said rivers or streams, 
without being considered trespassers ; and any person who shall 
molest or hinder said committee, or either of them, in the execution 
of their duty, he or they so offending shall forfeit, for ever}- such 
offence, a sum not exceeding ten dollars nor less than two dollars, at 
the discretion of the justice before whom the same shall be tried ; and 
it shall be the duty of the said committee to prosecute all breaches of 
this act, and for either of them to seize and detain in custody an}' net 
or seine found in the rivers or streams contrary' to the true intent and 
meaning of this act, until the persons so offending make satisfaction 
for their offence, or is legall}' acquitted therefrom ; and also to seize 
to the use of the town all such fish as they ma^^ suspect have been 
taken contrary to the provisions of this act, unless the person in pos- 
session can give satisfactory evidence to the committee that such fish 
were lawfully taken. 

Sect. 2. Be it further enacted, That it shall and may be lawful for 
the town of West Cambridge, annually, at an}^ legal meeting of the 
inhabitants of said town, to sell or otherwise dispose of the privilege 
of taking the fish called shad and alewives in any of the ponds, 
rivers or streams issuing therefrom, within the limits of said town, so 
far as said town bounds on both sides of said rivers and streams, at 
such times only as is already pi'ovided by law to prevent the destruc- 
tion of shad and alewives in Mystic River, so called ; and the emolu- 
ments arising from the said privilege shall be appropriated by the 
said town to such purposes as the inhabitants thereof may, in town- 
meeting, from time to time, determine. 

Sect. 3. Be it further enacted. That if the purchaser or purchas- 
ers, manager or managers, or those employed by them, shall presume 
to take any of said fish at any other place than the said town shall 
appoint, and if any other person or persons whatever, except the pur- 
chaser or purchasers, manager or managers, of said privilege, or 
those employed by them, do presume to take any of the said fish in 
the said ponds, rivers or streams within the town of West Cambridge, 
otherwise than may be allowed b}' said town, he or they so offending, 
shall, for each offence, forfeit and pay a sura not exceeding thirteen 



L 



INLAND FISHERIES. 137 

dollars nor less than two dollars, at the discretion of the justice 
before whom the same shall be tried. 

Sect. 4. Be itfiirthe?' enacted, That the penalties incurred b}' any 
breach of this act, shall be recovered by an action on the case, before 
any justice of the peace within said county of Middlesex, allowing an 
appeal to the circuit court of common pleas of said county ; and all 
suras of money recovered as forfeited b}^ this act, shall be for the 
support of the poor of said town ; and no person, by reason of his 
being one of the fish-committee aforesaid, or an inhabitant of the 
said town, shall be thereby disqualified from being a witness in any 
prosecution for a breach of this act. — [February 22, 1812. 

[1820, 67.] 

[Sp. Laws, vol. 2, p. 285.] 
An Act in addition to an Act entitled " An Act to regulate the taking of the Fish called 
Alewives in Manatiquot River, in the town of Bralntree " 

1812, 154. Whereas b}^ an act passed on the first day of March, 
one thousand seven hundred and ninetj'-nine, the town of Braintree 
were authorized to farm out and dispose of the fish called alewives, 
and as it a|)pears by representation from said town, that other fish 
have and do run in the river in said town, which proves injurious to 
the alewive fish : 

Sect. 1. Be it enacted, That the taking of all fish which do and 
may run from the salt water in the aforesaid river in the town of 
Braintree, excepting eels, smelts, and tom-cod, shall be forever here- 
after subject to the same restrictions as the taking of alewive fish is 
by the act entitled " An Act to regulate the taking of the fish called 
alewives, in the Manatiquot River, in the town of Braintree." 

Sect. 2. Be it further enacted, That the selectmen of the town of 
Braintree, for the time being, shall be the committee to farm out and 
dispose of the aforesaid fish, agreeabl}' to their best judgment : pro- 
vided, nevertheless, that the fish called alewives shall be disposed of 
agreeabl}' to the act to which this is in addition, anything in the act to 
which this is in addition to the contrary notwithstanding. — [Febru- 
ary 28, 1812. 

[1817, 151.] 

1813. 

[Sp. Laws, vol. 1, p. 166.] 
An Act in addition to an Act entitled " An Act to prevent the destruction and to regu- 
late the catching of the Fish called Alewives, in their passage up the Rivers and 
Streams in the Town of Harwich in the County of Barnstable." 

1813, 57. Sect. 1. Be it enacted. That the inhabitants of the 
town of Harwich be and they are hereby authorized and empowered, 
by their committee, annually chosen in the month of March or April, 
to dispose of the fish called alewives, as they may think proper. 



138 LAWS RELATING TO 

Sect. 2. Be it further enacted^ That the committee aforesaid shall 
pay over to the treasurer of the said town of Harwich, on or before 
the first day of January, annually, all the net proceeds of the sale of 
said fish, for the use of said town, and any committee, appointed as 
aforesaid, that shall neglect or refuse to pay over as aforesaid all the 
moneys they shall have received as aforesaid, shall forfeit and pay, for 
each offence, a sum not exceeding two hundred dollars nor less than 
fifty dollars, to be recovered b}' their treasurer, for the use of the 
inhabitants of said town, by action of debt, in any court proper to try 
the same. — [June IG, 1813. 

[1813, 115.] 

[Sp. Laws, vol. 1, p. 166.] 

An Act in addition to an Act entitled " An Act to prevent the destruction and to regu- 
late the catching of the Fish called Alewives, in their passage up the Rivers and 
Streams in the town of Harwich in the county of Barnstable," passed the fourth day 
of July, seventeen hundred and eighty-seven; and also of another Act, in addition 
thereto, passed the sixteenth day of June, eighteen hundred and thirteen. 

1813, 115, Be it enacted, That an act, passed the fourth day of July, 
seventeen hundred and eighty-seven, entitled " An Act to prevent the 
destruction of the fish called alewives, in their passage up the rivers 
and streams in the town of Harwich, in the county of Barnstable," 
and also of another act in addition thereto, passed the sixteenth day 
of June, eighteen hundred and thirteen, be, and both the said acts 
are extended to operate, and shall have effect over all the streams in 
the town of Brewster ; and all the regulations, provisions, privileges, 
limitations and restrictions contained in the said act to which this is 
in addition, so far as they may be applicable to the intents and pur- 
poses of this act, shall be used and exercised, and the benefits thereof 
enjoyed by the inhabitants of the said town of Brewster, as fully and 
completel}' as if the said town of Brewster had not been separated 
from the said town of Harwich ; and this act shall be deemed and 
taken to be supplementary to the said act before mentioned. — [Feb- 
ruary 12, 1814. 

[Sp. Laws, vol. 1, p. 353.] 
An Act to regulate the Fishery in Aggawara or Westfield River. 

1813, 147. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, any person or persons who shall draw a seine or drag- 
net within thirty rods of the lower side of the dam or race-way at 
White's mills, on Aggawam River, in the town of West Springfield, 
for the purpose of catching shad, alewives or other fish, shall, for each 
and every offence, forfeit and pay the sum of five dollars for each time 
he or they shall so draw said seine, together with the forfeiture of the 
boat and seine. 



INLAND FISHERIES. 139 

Sect. 2. Be it further enacted, That if any person or persons shall 
set any pot, net, weare or hurdell within thirty rods of said dam or 
race-way, for the purpose of catching fish, of any kind, he or they 
shall, for each and every offence, severally forfeit and pay the sum of 
five dollars for every twelve hours said pot, net, weare or hurdell shall 
be placed in the said river, and so in propoi'tion for a greater or less 
time. 

Sect. 3. Be it further enacted, That any person who shall attempt 
to catch fish with a scoop-net within the aforesaid distance of the 
lower side of said dam, or in or near the sluice-way made for the pas- 
sage of fish through said dam, shall, for each and every offence, for- 
feit and pay the sum of one dollar. 

Sect. 4. Be it further enacted. That all the fines and forfeitures 
incurred by a breach of this act, may be recovered in an action on the 
case before any justice of the peace for the county of Hampden. — 
[February 22, 1814. 

[1826, 100 ; 1838, 19 ; 1853, 377 ; I860, 89.] 

[Sp. Laws, vol. 2, p. 224.] 
An Act to prevent the Destruction of the Fish called Alewives and Shad, in Charles 

River. 

1813, 183. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, if any person or persons shall place or set any seine 
or net, or set up, erect or make any weares, or place any other incum- 
brance whatsocA'er (mill-dams excepted), in or across Charles River, 
for the straightening, obstructing or stopping the free passing of the 
fish called shad and alewives, up and down said river, they .shall 
severall}' forfeit and [)ay the sum of fifty dollars for each and every 
offence ; one half of which shall be to the use of the town or towns 
within whose limits the offence is committed, and the other half to 
him or them that shall complain or prosecute therefor, — or any town 
may prosecute by their fish committee. 

Sect. 2. Be it further enacted. That if any person or persons 
shall draw any seine or net, to take an}^ of the fish aforesaid within 
said river, or in any other way take any of said fish, on any other 
days than Monday, Wednesday and Friday in each week, every per- 
son so offending shall forfeit and pay the sum of twenty dollars for 
each and every offence, to the use as aforesaid ; and all forfeitures 
incurred by any breach of this act ma}' be recovered by information, 
or by action on the case, before any court proper to try the same. 

Sect. 3. Be it further enacted, That all parts of any acts relating 
to the fishery in said river, inconsistent with this act, be and the same 
are hereby repealed. — [February 28, 1814. 

[1815,56; 1826,76.] 



140 LAWS RELATING TO 

1814. 

[Sp. Laws, vol. 1, p. 191.] 
An Act in addition to an Act entitled " An Act to prevent the Destruction of Alewives 
and other Fish in Ipswich River, and to encourage the increase of the same, passed 
the twenty-eighth day of March, in the year of our Lord one thousand seven hundred 
and eighty-eight." 

1814, 22. Sect. 1. Be it enacted, That from and after the 
passing of this act, it shall not be lawful for any person to take any 
of the fish called shad or alewives, within four rods next below the 
foot of a sluice-way, nor within two rods of the side of a sluice-wa}- 
of an}^ mill-dam or dams, now erected, or to be erected hereafter, on 
that part of said Ipswich River w:hich lies below Flint's or Merriam's 
Mills (except Burnham's Mills, so called), or any stream or streams 
running from any natural pond into said river (except Mile's River, 
so called) ; and an}' and every person so offending, shall forfeit and 
pay a fine of five dollars. 

Sect. 2. Be it further enacted. That each and every person 
who, after the passing of this act, shall make any wear, or place 
any other obstruction in said river, or in the flooms of any mills, for 
the purpose of hindering or retarding the passage of said fish, shall 
forfeit and pay for each and ever}' such offence a fine not exceeding 
twenty dollars nor less than ten dollars. 

Sect, 3. Be it farther enacted. That no person shall be allowed to 
use any machinery for taking said fish, other than dip or drag nets or 
seines (nor in any place in the aforesaid river and streams, excepting 
such places as are appointed and allowed by the fish committee of the 
respective towns bordering upon said river), nor shall any person 
take any of said fish with seines or drag-nets in said river and 
streams, between eight of the clock in the evening and sunrising ; 
and every person who shall offend, in either of the above particulars 
shall, for each and every such offence, forfeit and pay a sum not ex- 
ceeding twenty dollars nor less than ten dollars. 

Sect. 4. Be it further enacted, That all fines and forfeitures 
which may be incurred by any breach of this act, shall be recovered 
and disposed of in the same manner as is provided in the act to 
which this is in addition, and that it shall be the duty of the fish com- 
mittees in the several towns bordering upon Ipswich River, jointly or 
severally, to cause this act to be duly observed, and to inform against 
any person or persons who may offend against the said act. — [June 
13,1814. 

An Act to authorize the Boston Manufacturing Company to shut the Fish Gate in their 
Dam across Charles River. 

1814, 40. Sect. 1. Be it enacted. That the Boston Manufact- 
uring Company have the liberty of closing the fish gate in their dam 



INLAND FISHERIES. 141 

across Charles River, at tbeir works in Newton and Waltham, being 
the same mill-dam which formerly was owned and occupied by John 
Boies ; and may keep the same shut forever : provided^ that said 
company, their successors and assigns, shall make and continue in 
good repair, a fish-way over said dam, of the same inclination and 
width, and admitting the same depth of water, as that now made over 
the lower dam across said river in Watertown, near Watertown 
bridge, and shall keep the same open from the first day of April to 
the first day of June annually. — [June 14, 1814. 

[Sp. Laws, vol. 1, p. 290.] 
An Act for further regulating the Fishery in Mattepoisett River, in the Town of 

Rochester. 

1814, 99. Sect. 1. Be it enacted. That from and after the pass- 
ing of this act, the inhabitants of the town of Rochester, at any 
meeting legally warned for that purpose, may prohibit the taking any 
of the fish called alewives, in Mattepoisett River in said town, for the 
present year, excepting at one place therein, to be by them appointed 
in said meeting ; and may also, by their vote in such meeting, estab- 
lish such mode of taking said fish at such place, as the}' shall think 
proper. 

Sect. 2. Be it further enacted. That the said inhabitants, at such 
meeting, may appoint some person or persons to take said fish in 
such place for such 3'ear (not exceeding three da^'s in a week) for the 
use of said inhabitants, to be disposed of in such way and manner 
as the}^ in such meeting, by vote shall agree upon. 

Sect. 3. Be it further enacted, That if any person or persons Who 
shall be so appointed, or any person who shall purchase the exclusive 
right of taking said fish at any place in said river, according to the 
laws now in force for that purpose, shall not conform to the rules and 
regulations for them respectively established by said inhabitants, 
such person or persons shall for each breach of such rules and regula- 
tions, forfeit and pa}- to said inhabitants twenty-five dollars, to be re- 
covered in an action of debt, in any court proper to tr}^ the same. — 
[February 10, 1815. 

[8p. Laws, vol. 1, p. 269.] 
An Act in addition to an Act entitled " An Act empowering the Town of Pembroke to 
regulate and order the taking and disposing of the Fish called Alewives, within the 
limits of said Town." 

1814, 128. Sect. 1. Be it enacted. That no person or persons 
shall set, draw or cast any seine, drag or set net of an}- dimensions 
whatever, in the North River, so called, in the county of Plymouth, 
except from sun's rising to the sun's setting of the Mondays, Wednes- 
days and Fridays of each week ; and that no person or persons shall. 



142 LAWS RELATING TO 

on said days, by boats, seines, drag-nets, or by an}'' other mode, in 
the North River, drive any fish into any seine, set net or other recep- 
tacle, by which fish may be taken ; and all seines, drag or set nets 
cast into said river on the days mentioned in this act, shall be re- 
stricted from sweeping in said river, further than can be done b}' con- 
fining one end of said seine to the bank of the river aforesaid ; and 
no seine, drag or set net shall be set, drawn or cast into said river, 
above what is commonly called and known by the name of the Third 
Herring Brook, or Smelt Brook ; and no seine used in said river shall 
exceed the width of the river where it is used, on the penalty of fifty 
dollars for each and every offence, to be recovered and appropriated 
in the manner provided for in the act to which this is in addition. 

Sect. 2. Be it further enacted, That the act supplementary to an 
act regulating the taking and disposing of the fish called alewives, in 
the town of Pembroke, passed June the twenty-fifth, one thousand 
eight hundred and eleven, and the ninth section of an act entitled 
' ' An Act empowering the town of Pembroke to regulate and order 
the taking and disposing of the fish called alewives, within the limits 
of the said town," be and the same are hereb}' repealed. — [February 
25, 1815. 

[1806, 117.] 
An Act for regulating the Fishery in the Towns of Salem and Danvers. 

1S14, 129. Sect. 1. Be it enacted. That all the provisions for the 
preservation of fish called shad,* and for regulating the taking the 
same, contained in an act entitled " An Act for the preservation of 
the fish called alewives, in their passage up the rivers and streams 
leading through the towns of Salem and Danvers, in the county of 
Essex, and for regulating the taking said fish in said streams, and for 
repealing all laws heretofore passed for regulating the fisher}- in said 
streams and rivers," shall be and hereby are extended to the fish 
called shad ; and the fish committees of the said towns of Danvers and 
Salem shall hereafter have the same powers, authority and privileges, 
and be subject to the same duties for the preservation and taking 
shad, as they now have and are subject to for the preservation and 
taking of alewives. 

Sect. 2. Be it further enacted, That the said fish committees, or 
either of them, shall be and they are hereby empowered to make and 
open a sluice-way in the brook running from Spring Pond, so called, 
and to keep and maintain the same open, and without obstruction, 

* This provision, though apparently erroneous by inserting " shad" instead of " ale- 
wives," is correctly transcribed from the original roll. The petition prayed for the exten- 
sion to shad of the provisions of tlie existing law in relation to alewives. 

By this inadvertence in drawing and engrossing the bill, the provision itself is rendered 
wholly inoperative, — Ed. 



INLAND FISHERIES. 143 

and to shut and close the same up, as the}^ may think expedient, and 
also to open and clear the passage-ways and streams leading from 
the said pond, for the purpose of enabling young 6sh to pass down 
from the said pond, from the tenth day of April to the last day of 
November, in ever}- year ; and for this purpose the said committees, 
or either of them, or any member thereof, shall have authority to go 
on the land of any person through which the said streams run, or on 
which such land ma}' be bounded, without being considered as tres- 
passers ; and any person who shall molest or hinder the said com- 
mittees, or either of the members thereof, in the execution of this part 
of their office or shall obstruct the said sluice-way or passages, other- 
wise than may be allowed by said committee or committees, he or she 
shall forfeit and pay a sum not exceeding fifty dollars nor less than five 
dollars, to be recovered and appropriated in the same manner as 
forfeitures and penalties for the breach of the act entitled " An Act 
for the preservation of the fish called alewiA^es, in their passage up the 
rivers and streams leading through the towns of Salem and Danvers, 
in the county of Essex, and for the regulating the taking said fish in 
said streams, and for repealing all laws heretofore passed for regu- 
lating the fishery in said streams and rivers," are recovered and 
appropriated : jrrovided, that this act shall not give the said com- 
mittees, or either of them, any new powers and privileges concerning 
the mills, or the sluice or passages ways at the mills on the said 
streams, after the first day of June in each year. — [Februar}' 27, 
1815. 

An Act to regulate the Fisheries in the Town of Yarmouth. 
1814, 134. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, the town of Yarmouth shall be, and hereby are em- 
powered and directed, at their meeting for the choice of town officers, 
in March or April annuall}^, to choose three or more persons, being 
freeholders in the said town, to see that this act be duly observed ; 
and each person so chosen shall be sworn faithfully to discharge the 
duties required of him by this act ; and the said committee shall meet 
together annually, on or before the twentieth da}' of April, and at 
such time and place as they, or a majority of them shall appoint ; and 
the major part of the committee present at such meeting are hereby 
authorized and empowered to order the times, places and manner in 
which it may be lawful to take any of the fish called herring, alewives, 
perch and eels in said town ; and the said committee, or a majority of 
them, are hereby fully authorized and empowered to cause the natural 
course of the streams through which the said fish pass to be kept open 
and without obstruction, to remove such as may be found therein, 
and to make the said passage-ways wider or deeper, if they shall 



144 LAWS RELATING TO 

judge it necessary ; and said committee, or either of them, paying a 
reasonable consideration therefor, if demanded, shall have authority, 
for those purposes, to go on the land or meadow of any person 
through which said stream runs, without being considered as tres- 
passers ; and any person who shall molest or hinder the said com- 
mittee, or either of them, in the execution of the business of his or 
their office, or shall obstruct any passage-ways in the rivers, streams, 
coves or ponds in said town, otherwise than may be allowed by the 
said committee, he or they shall forfeit and pay a fine for ever}^ such 
offence, not exceeding ten dollars nor less than three dollars. 

Sect. 2. Be it further enacted^ That the said committee, or a 
major part of them present at an}' meeting duly notified, being not 
less than three in number, shall be and hereby are authorized and 
empowered to open, or cause to be opened, any dam, or sluice of any 
mill, or other dam now erected, or that may be hereafter erected on or 
over any of the said rivers or streams, between the place where such 
rivers or streams empty themselves into the sea, at low water, and 
the pond in which said fish usually cast their spawns, at the expense 
of the owner or owners of such dam or sluice : provided^ such owner 
or owners shall neglect to open the same when thereto required b}' the 
said committee, or the major part of them, immediately after being 
thus required so to do ; and the dam or sluice so opened shall continue 
open ever}' year, to such depth and width, and for such term of time 
between the first day of April and the thirtieth day of June, as the 
major part of said committee shall judge necessar}' ; and if any person 
or persons shall obstruct the said passage-wa3'S allowed or ordered by 
the said committee, or the major part of them, in any dam or sluice, 
such persons so off"ending shall, on conviction before any justice of the 
peace for the county of Barnstable, pay a fine for every such offence 
not exceeding ten dollars, nor less than three dollars ; and the said 
committee shall cause every such obstruction to be forthwith removed. 

Sect. 3. Be it farther enacted^ That if any person or persons 
shall take any of the said fish in tlie rivers, streams, ponds or coves 
aforesaid, at any time, in an}' place, or in manner other than shall be 
allowed by the said committee as aforesaid, each person so offending, 
for each and every such offence, shall, on conviction as aforesaid, 
pay a fine not exceeding four dollars nor less than one dollar, if the 
quantity of fish so taken is less than one barrel ; but if the quantity 
of fish so taken shall be one barrel or more, such person or persons so 
offending shall forfeit and pay for each and every barrel of fish so 
taken, the sum of four dollars. 

Sect. 4. Be it further enacted. That if the committee aforesaid, 
or either of them, shall detect any person or persons in attempting to 
take any of the said fish at any time, or in any place, or in any man- 



INLAND FISHERIES. 145 

ner otherwise than is allowed b}^ the said committee, or shall find 
such fish with such person or persons, such person or persons shall be 
deemed to have taken the said fish unlawfully, and be subject to the 
penalties of this act accordingly, unless such person or persons can 
make it appear, on trial, that they came by the said fish in some other 
way. 

Sect. 5. Be it further enacted^ That if an}^ vessel, boat or craft 
shall be found within the limits of any of the rivers, streams, ponds 
or coves, with an}^ more of said fish than shall be permitted by the 
committee aforesaid, it shall be the duty of said committee, and they 
are hereby authorized to seize such vessel, boat or craft, and detain 
the same, not exceeding forty-eight hours, in order that the same may 
be attached or arrested by due process of law, and made answerable 
for said fines and forfeitures, with cost of suit : provided^ however^ that 
as soon as the owner or master of said vessel, boat or craft shall 
pay such fines and forfeitures to the treasurer of said town, if he shall 
pay the same before being sued, such vessel, boat or craft shall be 
discharged, with the effects therein. 

Sect. 6. Be it further enacted, That all the forfeitures incurred by 
virtue of this act, shall be to the use of the said town of Yarmouth, to 
be recovered by an action on the case, in any court proper to tr}^ the 
same, to be brought by the treasurer thereof. — [February 27, 1815. 

[1849, 37.] 

An Act to regulate the Shad .and Alewive Fishery within the Town of Billerica. 

1814, 137. Sect. 1. Beit enacted, That it shall and may be law- 
ful for the inhabitants of the town of Billerica, at a legal meeting in 
the month of March or April, annually, to choose a committee of three 
or more discreet persons, to sell, or otherwise dispose of the exclusive 
right or privilege of taking shad and alewives in Concord River, 
within the limits of said town, at such time and places, and under 
such regulations and restrictions, not repugnant to the laws of the 
Commonwealth, as said committee shall, from year to year, estab- 
lish and determine ; a copy of which shall be posted up at three 
public places, at least, in the said town ; and the emoluments 
arising from said right or privilege shall be appropriated to such uses 
and purposes as said inhabitants shall, in legal town meeting, from 
time to time determine. 

Sect. 2. Be it further enacted. That if the purchaser or pur- 
chasers of said right, or any person by them employed, shall take any 
of said fish in an}' other manner, or at any other time or place than 
said committee shall authorize and allow, or if any person except the 
said purchaser or purchasers, or those by them employed, shall take 
any of said fish in said river, within the limits of said town, every 



146 LAWS EELATING TO 

person so offending, or who shall be aiding or abetting therein, shall, 
for every offence, forfeit and pay a sum, not exceeding thirteen dol- 
lars, nor less than seven dollars, to be recovered b}' action of debt 
before any justice of the peace within the county of Middlesex ; one 
moiety to him who shall sue for the same, and the other moiety to 
the use of the said town of Billerica. 

Sect. 8. Be it further enacted, That said committee shall have 
power to determine and establish the price which said purchaser or 
purchasers shall have a right to demand and receive for said fish ; 
and if an}^ such purchaser, or any person acting under their authority, 
shall refuse to sell said fish, when in their power so to do, at the 
price which shall be determined as aforesaid, of which notice shall 
have been given them by said committee, every person so offending 
shall, for each offence, forfeit and pay a sum not exceeding ten dol- 
lars nor less than five dollars, to the person injured, to be recovered 
as aforesaid : provided, nevertheless, that nothing in this act contained 
shall be construed to take away or impair the authority of any fish- 
wardens, or any other persons, derived from any existing laws for 
regulating the taking of fish in said river, except so far as it relates to 
the appropriation of forfeitures for offences mentioned in the second 
section of this act. — [February 28, 1815. 

[1820, 70.] 

An Act to regulate the Shad and Alewive Fishery in the Town of Brighton. 

1814, 162. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, it shall be lawful for the inhabitants of the town of 
Brighton, by their agents, to sell the right and regulate the places 
and manner of taking the fish called shad and alewives, within the 
limits of said town, subject, in all things, to an act passed on the 
twent3^-eighth day of February, one thousand eight hundred, entitled 
"■ An Act to prevent the destruction of the fish called alewives and 
shad in Charles River." And the inhabitants of said town, at their 
annual meetings in March or April, are hereby authorized and em- 
powered to appoint agents, whose duty it shall be to carry into exe- 
cution the purposes of this act. 

Sect. 2. Be it further enacted, That the agents aforesaid may, for 
and in behalf of said town, and to their use and benefit, sell their right, 
regulate the places and manner of taking said fish within the limits of 
said town, for one or more years at a time, as the town may direct ; 
and the proceeds arising from such sale said agents shall be held to 
pay over to the treasurer of said town. 

Sect. 3. Be it further enacted. That the said agents shall, after 
establishing such rules and regulations as they may think necessar}^, 
and by determining by whom said fish may be taken, cause an 



INLAND FISHERIES. 147 

attested copy thereof to be posted up in some public place in said 
town ; and if an}' person or persons other than those to whom said 
right is sold, or persons eniplo^'ed by them, shall take any of the fish 
called shad and alewives, within the limits aforesaid, or if any person 
or persons to whom said right is sold, or those employed by them, 
shall take any of said fish in any other place or in any other manner 
than shall be expressed in the conditions of sale, ever}^ person so 
offending shall severally forfeit and pay a sum not exceeding ten dol- 
lars nor less than four dollars for each and every offence, to be recov- 
ered in an action on the case, to the use of any person who may 
sue for the same, or the town may sue by their fish-agents. — [March 

1, 1815. 

[1826, 76.] 

1815. 

[Sp. Laws, vol. 1, p. 51'2.] 
An Act for the regulation of the Fishery, in the Town of Maiden. 

1815, 43. Sect, 1. Be it enacted, That if an}^ person or persons 
shall take or catch any shad or alewives in an}' river, stream or pond, 
within the limits of the town of Maiden, in the count}' of Middlesex, 
except as hereinafter by this act is provided, each person so offending 
shall forfeit and pay a sum, not exceeding twenty dollars, nor less 
than ten dollars for each offence, to be recovered in an action of debt, 
before any court proper to tr}' the same, in the county of Middlesex, 
one half thereof to the use of him or them who shall sue for the 
same, and the other half to the use of the said town of Maiden. 

Sect. 2. Be it further eyiacted^ That from and after the passing of 
this act, it shall be lawful for any and all the inhabitants of said town 
of Maiden, to catch shad and alewives within the limits of the said 
town on every Monday, Wednesday and Friday, from sunrising on 
each of the said days to sunrising on each of the succeeding days, 
from the first day of March to the tenth day of June annuall}', at 
such place or places only as shall have been previously determined 
by the said town. — [January' 27, 1816. 

[1828, 129.] 

[Sp. Laws, vol. 1, p. 512.] 
An Act for the regulation of the Fishery in Wohurn. 
1815, 54. Sect. 1. Be it exacted, That the act passed on the six- 
teenth day of February, in the year of our Lord one thousand seven 
hundred and eighty-nine, entitled " An Act to prevent the destruction 
of the fish called shad and alewives in M3'stick River, so called, 
within the towns of Cambridge, Charlestown and Medford, and for 
repealing all laws heretofore made for that purpose," shall extend to 
the town of Woburn, in the county of Middlesex, and to all the 



148 LAWS RELATING TO 

streams running from any of the ponds, pr other waters there into 
Mystick Pond, or Spy Pond, so called, in the same manner to all 
intents and purposes that it would have extended in case the said town 
of Woburn and the streams aforesaid had been mentioned and con- 
tained in the said act ; and that it shall be lawful for any or all the 
inhabitants of the said town of Woburn to take shad and alewives 
within the limits of that town, on all such da3's and times as in and 
b}' the act aforesaid are allowed for the inhabitants for the towns 
of Charlestown and Medford, respectively, to take said fish, and on 
no other. 

Sect. 2. Be it further enacted^ That the owner or occupant of any 
dam already built, or which may hereafter be built, in or upon any of 
the streams afoi^said, shall make and maintain a convenient passage- 
way for shad and alewives to pass by, through or over such dam, and 
keep the same constantly open and free for said fish to pass up and 
down therein, from the fifteenth day of April to the fifteenth day of 
July, annually ; and if the owner or occupant of any such dam shall 
refuse or neglect to make and build such passage-way, when thereto 
requested by a majorit}' of the committee, for the preservation of fish 
in either of the said towns of Charlestown, Medford or Woburn, or 
shall neglect or refuse to open the same on the said fifteenth day of 
April annually, or after the same shall have been so opened, shall 
shut or obstruct, or permit or suffer the same to be shut or obstructed 
within the term aforesaid, he shall forfeit and pay for each and every 
such neglect or oflfence the sum of twenty dollars. 

Sect. 3. Be it further enacted^ That from and after the passing of 
this act, the several committees for the preservation of fish, to be 
annually chosen in the said towns of Woburn, Charlestown and Med- 
ford respectively, shall be chosen by ballot, and shall consist of three 
freeholders, who shall not be interested in any such dam as aforesaid ; 
and any person who shall be dul}' chosen a member of either of said 
committees, and shall refuse or neglect to qualify himself, by taking the 
oath required by law, within seven days next after he shall have been 
duly notified of such choice, shall forfeit and pay the sum of twenty 
dollars to the use of the town in which he shall have been so chosen, to 
be recovered by the treasurer thereof, in' an action of debt in any court 
proper to tr^^ the same, in the county of Middlesex ; and the said 
town shall proceed to a new choice ; and so, toties quoties. And it 
shall be the duty of each and every member of an}' such committee 
to see that the passage-ways aforesaid are made convenient for said 
fish to pass up and down therein, and that they are kept constantly 
open at and during all the time required by this act ; and to open and 
clear the same, if an}^ of them shall be found shut or obstructed 
within the said term ; and if the owner or occupant of any such dam, 



INLAND FISHERIES. 149 

situate as aforesaid, shall neglect or refuse to make and build suoh 
passage-way, when thereto requested by a majority of either of the 
said committees, it shall be lawful for the committee making such 
request, and the}' are hereby directed, to make and build the same ; 
and when it shall be completed by said committee, the said owner or 
occupant shall pay to said committee double the amount of all the 
expenses incurred or sustained b}' the said committee in making and 
building the same, on demand. And the said committee shall have 
a right to sue for and recover the same of such owner or occupant in 
an action of the case, in any court proper to try the same, in said 
count}' of Middlesex ; and each member of either of the committees 
aforesaid shall have full power and authority to do any act in either 
of the said towns of Charlestown, Medford and Woburn, which, 
before the passing of this act, might have been lawfully done by a 
majority of either of said committees, in the town where such com- 
mittee was chosen ; and shall be entitled to and enjo}' all the privi- 
leges and protection, when acting as such in either of said, towns, 
which before the passing of this act a majority of either of the said 
committees were entitled to and enjoyed, when acting within the lim- 
its of the town in which they were chosen. 

Sect. 4. Be it further enacted, That it shall be lawful for the 
inhabitants of the said town of Woburn, at their annual meeting in 
March or April, to sell or otherwise dispose of the privilege of taking 
shad and ale wives in the streams aforesaid, so far as the same run 
wholly within the limits of that town, at such times only as are or 
may be allowed by law for said inhabitants to fish, and to fix on and 
determine the place or places where said fish shall be so taken, and 
appropriate the emoluments arising therefrom to such purpose as the 
said town shall determine. 

Sect. 5. Be it further enacted, That if any purchaser or manager 
of said fishery in said Woburn, shall take or catch any of the said 
fish at any other place than the place or places which shall be fixed 
on and determined by the said town as aforesaid, and if any person 
other than such purchaser or manager, and those in the employ of 
such purchaser or manager, when said privilege shall have been dis- 
posed of by said town as aforesaid, shall take or catch, or attempt to 
catch, an}^ of the said fish within the said town of Woburn, each and 
every person so offending shall forfeit and pay the sum of twenty dol- 
lars to the use of said town, to be recovered by the treasurer thereof 
in an action of debt, in any court proper to tr^^ the same in the 
county of Middlesex. 

Sect. 6. Be it further enacted. That all forfeitures which ma^' be 
incurred for a breach of this act, not herein otherwise appropriated, 
shall be recovered in an action of debt, in the name of any one or 



150 LAWS RELATING TO 

more members of either of the committees aforesaid, before any court 
in the county of Middlesex proper to try the same, to the use of the 
town where the plaintiff or plaintiffs in such action shall live at the 
commencement thereof; and on the trial of any such action, any 
member of either of the said committees shall be a competent witness, 
notwithstanding said action may have been commenced and prose- 
cuted in the name of such member ; and each of the towns aforesaid 
shall be holdeu to pay the members of their said committee for all 
their services and expenses incurred b}' them ^respectively in execut- 
ing the duties required of them b}' this act. — [February 2, 1816. 

[1861, 157 ; 1864, 234.] 

[1813, 183.] 
An Act to regulate the Sliad and Alewive Fishery in the Town of Watertown. 

1815, 56. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act it shall be lawful for the inhabitants of the town of 
Watertown, by their agents, to sell the right, and regulate the times, 
places and manner of taking the fish called shad and alewives within 
the limits of said town ; subject in all respects to an act passed on the 
twenty-eighth day of February, one thousand eight hundred and four- 
teen, entitled, " An Act to prevent the destruction of the fish called 
shad and alewives in Charles River." And it shall be the duty of the 
selectmen of said town, as soon as may be after the passing of this 
act and forever after, in the month of January in each year, to 
appoint, and thej^ are hereby empowered to appoint, two persons as 
agents, whose duty it shall be to carry into execution the purposes of 
this act : provided, Jiowever, that neither of the agents at the time of 
their appointment shall belong to the board of selectmen. 

Sect. 2. Be it further enacted, That the agents appointed as 
aforesaid shall, for and in behalf of the inhabitants of said town, and 
to their use and benefit, as soon as may be after the first appointment 
and forever after, in the month of February in each year, sell the 
right at public vendue, and regulate the time, places and manner of 
taking the fish called shad and alewives within the limits of said town, 
after giving seven days' notice of the time and place of such sale ; and 
the proceeds arising from such sale said agents shall be held to pay 
over to the treasurer of the town aforesaid. 

Sect. 3. Be it further enacted. That said agents shall make and 
establish such rules and regulations as they may think necessary to 
promote the interest of the town, and after determining by whom said 
fish ma}^ be taken they shall cause an attested copy of such rules and 
regulations, and the name of the person or persons hiring the right 
to take the fish aforesaid, to be posted up in some public place in said 
town ; and if any person or persons other than he or they to whom 



INLAND FISHERIES. 151 

said right is sold, or persons employed by him or them, shall take anj' 
of the fish called shad and alewives within the limits of said town, or 
if any person or persons to whom said right is sold, or those employed 
by him or them, shall take any of said fish contrary to the rules and 
regulations made and established by said agents, which rules and 
regulations shall be made public at the time and place of sale ; every 
person so offending shall severally forfeit and pay a sum not exceed- 
ing twenty dollars nor less than five dollars for each and every 
offence, to be recovered in an action on the case to the use of any 
person who may sue for the same, or the agents may sue in the name 
of the inhabitants of the town. 

Sect. 4. Be it ftcrtJier enacted, That it shall be the duty of the 
town clerk to attend said agents at the time of sale, and to make a 
fair record of all such rules and regulations as they shall from time to 
time make and establish, and the conditions of such sale, with the 
name of such person or persons as may hire the right aforesaid, in a 
book to be by him kept for that purpose, and to post all such rules and 
regulations as the agents may direct. 

Sect. 5. Be it further enacted. That an act passed on the second 
day of March, one thousand seven hundred and eighty-eight, entitled 
" An Act authorizing the inhabitants of Watertown, Weston and 
Waltham, in the count}' of Middlesex, to regulate the taking of the 
fish called shad and alewives, within the limits of said towns," be and 
the same is hereby repealed : provided, nevertheless, that all questions 
of the constitutional validit}', and all actions now pending, and 
causes of action that have or ma}' arise under the before described 
act, shall remain and be the same in any court as they might or 
Avould have been had not said act been repealed. — [February 3, 
1816. 

[1826, 76.] 

An Act to regulate the Fisheries in the Town of Dennis. 

1815, 83. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, the town of Dennis shall be and hereby is empowered 
and directed, at their meeting for the choice of town officers in March 
or April annuall}', to choose three or more persons, being freeholders 
in the said town, to see that this act be duly observed ; and each per- 
son so chosen shall be sworn faithfuU}' to discharge the duties 
required of him by this act ; and the said committee shall meet 
together annually on or before the twentieth da}' of April, on such 
time as they or a majority of them shall appoint, and the major part 
of them present at such a meeting are hereby authorized and em- 
powered to order the times, places and manner in which it may be 
lawful to take any of the fish called herring, alewives, perch and eels 



152 LAWS RELATING TO 

in said town ; and the said committtee, or a majority of them, are 
hereby fully authorized and empowered to cause the natural course of 
the streams through which said fish pass, to be kept open and without 
obstruction, to remove such as may be found therein, and to make the 
said passage-ways wider or deeper if they shall judge it necessar}- ; 
and said committee, or either of them, paying a reasonable considera- 
tion therefor, if demanded, shall have authority for those purposes to 
go on the land or meadow of any person through which said streams 
run, without being considered as trespassers ; and any person who 
shall molest or hinder the said committee, or either of them, in the 
execution of the business of his or their office, or shall obstruct an}' 
passage-way in the river, streams, coves or ponds in said town other- 
wise than ma}' be allowed b}^ said committee, he or they shall forfeit 
and pay a fine for every such oft'ence not exceeding ten dollars nor 
less than three dollars. 

Sect. 2. Be it further enacted^ That if any person or persons 
shall take any of the said fish in the rivers, streams, ponds or coves 
aforesaid, at any time, in any place or in any manner other than shall 
be allowed by the said committee as aforesaid, each person so offend- 
ing, for each and every such oflTeuce shall, on conviction thereof, pay 
a fine not exceeding four dollars nor less than one dollar, if the quan- 
tity of fish so taken is less than one barrel, but if the quantity of 
fish so taken be one barrel or more, such person or persons so offend- 
ing shall forfeit and pay for each and every barrel of fish so taken the 
sum of four dollars. 

Sect. .3. Be it further enacted., That if the committee aforesaid, or 
either of them, shall detect any person or persons in attempting to 
take any of the said fish, at any time or in any place, or in any man- 
ner otherwise than is allowed by the said committee, or shall find such 
fish with such person or persons, such person or persons shall be 
deemed to have taken the said fish unlawfully, and shall be subject to 
the penalties of this act accordingly, unless such person or persons 
can make it appear on trial that they came to the said fish in some 
other wa}^ 

Sect. 4. Be it farther enacted^ That if any vessel, boat or craft 
shall be found within the limits of an}- of the rivers, streams, ponds 
or coves, with any more of said fish than shall be permitted by the 
committee aforesaid, it shall be the dut}^ of said committee, and they 
are hereb}' authorized to seize such vessel, boat or craft, and detain 
the same, not exceeding forty-eight hours, in order that the same may 
be attached or arrested by due process of law, and made answerable 
for said fines and forfeitures, with cost of suit : provided, however, 
that as soon as the owner or master of said vessel, boat or craft shall 
pay such fines and forfeitures to the treasurer of said town, if he 



INLAND FISHERIES. 153 

shall pay the same before being sued, such vessel, boat or craft shall 
be discharged, with the'effects therein. 

Sect. 5. Be it further enacted, That all the forfeitures incurred by 
virtue of this act, shall be to the use of the said town of Dennis, to 
be recovered by an action on the case in any court proper to try the 
same, to be brought by the treasurer thereof. — [February 10, 1816. 

[1837,135; 1849,37; 1850,48; 1852,68; 1855, 90; 1880,122.] 

[Sp. Laws, vol. 1, p. 813.] 
An Act to regulate the Fishery within the Town of Middleborough in the County of 

Plymouth. 

1815, 111. Sect. 1. Be it enacted. That from and after the pass- 
ing of this act, it shall not be lawful for any person or persons (ex- 
cept as is hereinafter provided) to catch or destroy any of the fish 
called alewives, within the limits of the town of Middleborough, or 
in Titicut River, so called, either within the limits of the towns of 
Bridgewater, Middleborough or Raynham : p?-ov«'cZed, hoioever, that 
it shall and may be lawful for the inhabitants of said town of Middle- 
borough to catch said fish with scoop-nets or set nets only, at the 
following places in said Middleborough, to wit : at Oliver's works, so 
called, three days in each week only, to wit : on Mondays, Tuesdays 
and Wednesda3'S, beginning at midnight next succeeding Sunday, 
and ending at midnight next succeeding Wednesday ; at the Old Stone 
Ware four days in each week, to wit : on Tuesday, Wednesday, 
Thursday and Frida}-, beginning at midnight next preceding Tuesday, 
and ending at midnight next succeeding Friday ; and at Assawamp- 
set Brook three days in each week, to wit : Monday, Tuesday- and 
Wednesday, beginning at midnight next succeeding Sunday, and 
ending at midnight next succeeding Wednesday : provided, also, that 
the said town of Middleborough shall, at a legal town meeting, dis- 
pose of and grant, upon such conditions and under such restrictions 
and regulations as said town shall establish for that year, and so from 
year to year, the sole privilege of catching alewives, with seoop-nets 
or set nets only, on the days and at the places designated by this act, 
to such person or persons as shall give most for the same and give 
sufficient security for payment, such person or persons so purchasing 
to have the right to take fish, and no other person whatever. 

Sect. 2. Be it further enacted. That if any person or persons 
shall, at any time or place other than those admitted b}^ this act, 
catch or destroy any of the fish aforesaid, or by any other means 
whatever shall interrupt, impede or hinder the passage of said fish up 
the streams, brooks or ponds within said town, or in Titicut River 
which divides said town of Middleborough from the towns of Bridge- 
water and Ra^'nhara, or any of the waters connected therewith within 
the limits of either of said towns, he or they shall forfeit and pay a 



154 LAWS RELATING TO 

sum not exceeding twenty dollars nor less than five dollars, to be 
recovered by indictment, complaint, or action of debt, in any court 
proper to try the same ; one half to the use of the said town of Mid- 
dleborough, the other half to him who shall prosecute or sue for the 
same. 

Sect. 3. Be it further enacted., That if any person or persons be 
found fishing with any seine or net, or other machine and instrument, 
or any seine or other instrument which shall be used by any person 
or persons contrary' to the true intent and meaning of this act, it 
shall be lawful for any person to seize and take such seine, net or 
other instrument, to his own use; and, if prosecuted therefor, to 
plead the general issue and give this act in evidence, as though the 
same had been specially pleaded. 

Sect. 4. Be it further enacted., That said town of Middleborough 
shall, at the annual meeting in the month of March or April in each 
3'ear, choose four or more persons, being freeholders in said town, 
whose duty it shall be to see that this act be duly observed, and to 
prosecute for all breaches thereof; and each person so chosen, shall 
be sworn to the faithful discharge of his duty. And if an}' person so 
chosen shall refuse to serve, he shall forfeit and pay to the use of 
said town of Middleborough, the sum of five dollars, to be sued for 
and recovered by the town clerk of said town ; and said town shall 
immediatel}' proceed to a new choice. 

Sect. 5. Be it further enacted.. That all laws heretofore made for 
the regulation of the fishery in the said town of Middleborough be and 
the same hereby are repealed : provided^ nevertheless., that an act 
passed on the sixth day of March, in the year of our Lord one thou- 
sand eight hundred and two, for the preservation and regulating of 
the taking of the fish called alewives, in the brook running from the 
West Quiticus Pond, to the East Quiticus Pond, shall be and remain 
in full force ; anything in this act to the contrar}' notwithstanding. 

Sect. 6. Be if/wrf/ier enacted. That au}' justice of the peace for 
the county of Plymouth shall be deemed and considered competent 
to try any action, complaint, or suit, prosecuted under this act, not- 
withstanding said justice may be an inhabitant of the said town of 
Middleborough. — [February 14, 1816. 

[1819, 137.] 

[Sp. Laws, vol. 1, p. 422.] 
An Act to regulate the Fishery in Taunton Great River. 

1816, 119. Sect. 1. Be it enacted. That from and after the twen- 
tieth da}' of March next, it shall not be lawful lor any person or per- 
sons (except as hereinafter provided) to catch alewives or any other 
fish with seines or nets in Taunton Great River : jyrovided, that it shall 



INLAND FISHERIES. 155 

and may be lawful for the inhabitants of the several towns situated 
on said river, to catch alewives and other fish within the bounds of 
their own towns and nowhere else, with seines or nets, four days in 
each week only, to wit, on Monday, Tuesday, Wednesday and Thurs- 
day, beginning at midnight next succeeding Sunday and ending at 
midnight next succeeding Thursday in each week ; and provided, 
that the towns of Dighton and Wellington shall draw or sweep with 
two seines or nets onh' ; the town of Berkley shall draw or sweep 
with two seines or nets onl}' : the town of Taunton shall draw or 
sweep with three seines or nets onl}' ; the town of Raynham shall 
draw or sweep with three seines or nets onl}-, in said river, within the 
time before mentioned ; and no person shall be permitted at any 
time to set any seine or net across said river, or in any part thereof, 
or in any waters connected with the said river, or make use of any 
seine or net of more than twent}' rods in length : provided, also, 
that each of said towns shall at a legal town meeting, establish 
annually the places where the said seines or nets may be used within 
the bounds of the respective towns exclusivel}', and at the same meet- 
ing or an adjournment thereof, dispose of and grant for that year, and 
so from year to year, the sole privilege of catching alewives, or other 
fish with seines or nets on the da^'s above mentioned, at the places 
so established, to such person or persons as shall give the most for 
the same, and give sufficient security for the payment at such time 
and in such manner as the respective towns shall order such person 
or persons, so purchasing the privilege to have right to fish, and no 
other person whatever. 

Sect. 2. Be it further enacted, That if an}- person or persons shall 
draw any seine or net on any day or time other than those before 
mentioned, or at an^^ place other than those established by the town 
as aforesaid, or shall on an}* day or at an}^ place, set a seine or net in 
or across said river, or any part thereof, or in any waters connected 
with the same, he shall forfeit and pay fifty dollars for each and every 
such offence, to be recovered by indictment or information, or by 
action of debt, in any court proper to try the same; the one half 
thereof to the use of the poor of the town where the offence shall be 
committed, and the other half to him or them who shall prosecute or 
sue for the same. 

Sect. 3, Be it further enacted. That if any person or persons shall 
be found sweeping with any seine or net, or if any seine or net shall 
be used by any person or persons contrary to the true intent and 
meaning of this act, it shall and may be lawful for any person or 
persons to seize and take such seine and net to his or their own use, 
and if prosecuted therefor, to plead the general issue, and give this 
act in evidence as though the same was specially pleaded. 



156 LAWS RELATING TO 

Sect. 4. Be it further enacted^ That the several towns aforesaid 
shall, at their annual meetings in the month of March or April in each 
year, choose three or more persons, being freeholders in their respec- 
tive towns, whose duty shall be to see that this act be duly observed, 
and to prosecute for all breaches thereof; and each person so chosen 
shall be sworn to the faithful discharge of his duty ; and the several 
towns shall be holden to make a reasonable compensation to the per- 
son so chosen b}^ them respectively for all necessary services in dis- 
charge of their duty under this act. And if an}' person so chosen 
shall refuse to serve, he shall forfeit and pay to the use of the town to 
which he belongs the sum of ten dollars, to be sued for and recovered 
by the town clerk ; and the said town shall immediately proceed to a 
new choice. 

Sect. 5. Be it further enacted, That if any person or persons 
convicted of any of the offences aforesaid, by indictment or informa- 
tion, shall fail to pa}' the costs, or any part thereof, of the process on 
which he or they shall be convicted, so that the county in which the 
conviction takes place shall be chargeable with such costs, the several 
towns aforesaid shall reimburse to the said county the same costs in 
the following proportions, to wit : the town of Taunton three seventh 
parts, and the towns of Dighton and Wellington, two seventh parts, 
and the town of Berkley two seventh parts thereof, to be apportioned 
and charged by the count}' treasurer to the said towns respectively, 
and to be assessed by the assessors of the said town with other town 
charges. 

Sect. 6. Be it further enacted, That all laws heretofore made for 
the regulation of the fishery in Taunton Great River be and the same 
is hereby repealed. — [February 15, 1816. 

[1818, 106 ; 1832, 44.] 

1816. 

An Act to prevent the Taking of Fish in a Pond called Winchel's Pond in Egremont, in 
the County of Berkshire. 

1816, 30. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act no person or persons shall be allowed to put or draw 
an}' seine or seines, or put or set any net or nets whatsoever in the 
pond called Winchel's Pond, in the town of Egremont, in the county 
of Berkshire, for the taking of the fish called pickerel ; and any 
and every person who shall presume to take any fish called pickerel 
with any seine or net from said pond, shall incur and pay a penalty 
of ten dollars for every such offence, and the seine or net shall be 
forfeited to the said town of P^gremont, as also all the fish so taken, 
to be at the disposal of the selectmen of said town. 

Sect. 2. Be it further enacted. That no person or persons shall be 



INLAND FISHERIES. 157 

allowed to take from said pond, in any way whatsoever, any of the 
said fish called pickerel, within said year, and shall incur and pay a 
penalt}' of five dollars for ever}^ such offence. 

Sect. 3. Be it further enacted. That all penalties incurred by any 
oflence against this act may be sued for and recovered in an action of 
debt by the treasurer of the said town of Egremont, for the time 
being, before any justice of the peace in the said county of Berkshire, 
who does not belong to the said town of Egremont ; and all sums of 
money so recovered shall be appropriated to the use of said town. 
And in case any minor or minors shall oflTend against this act, or any 
part thereof, and thereby incur any of the penalties aforesaid, the 
parent, master or guardian of such mtnor or minors shall be answer- 
able therefor ; in which cases the action shall be commenced against 
such parent, master or guardian (as the case ma}^ be) of such minor 
or minors respectively, and judgment rendered accordingly in the 
same manner and degree as for his or their personal oflfence. — [June 
19, 1816. 

An Act for regulating the Fishery in the Town of Gloucester. 

Whereas the town of Gloucester, in the county of Essex, have 
purchased of Zacariah Stevens, Esq., and opened a passage-way 
through his mill-dam for the fish called alewives, into the Cape Pond, 
so called, and conveyed into it a number of said fish, at a considerable 
expense, whereby a great increase has arisen : 

1816, 114. Sect. 1. Be it enacted, That the taking and disposing 
of the fish called alewives shall be under the care and management of 
a committee of said town, to consist of five persons, to be chosen at 
the annual town meeting in March or April, who shall be sworn to 
the faithful discharge of their duty, and shall distribute the fish that 
may be taken by them, or any person or persons under them, as 
equally as circumstances will admit, to such persons as shall apply 
for the same ; and for the fish so supplied, the committee aforesaid 
shall demand a sum not exceeding fift}'^ cents for each hundred of fish 
so delivered, and account with the treasurer of said town for the 
proceeds thereof v/eekly, and settle their final account on or before 
the last day of September annually ; and the money arising therefrom 
shall be paid over to the treasurer of said town and appropriated to 
the use of the said town ; and the said committee shall have a reason- 
able allowauce for their services, and lay their accounts before the 
selectmen of said town for approbation and allowance on or before the 
last day of November annuall}'. 

Sect. 2. Be it further enacted, That the said committee, or either 
of them, shall have full power and authority to remove from or out of 
the rivers, brooks or streams leading to the said pond, any obstruc- 



158 LAWS ^ELATING TO 

tions that may be made to the free passing of said fish into the said 
ponds, or repassing from thence into the sea ; and the said committee, 
or either of them, or of such person or persons as shall be employed 
by them, going on the land of any person or persons for this purpose, 
shall not be deemed or held guilty of trespass. And the said com- 
mittee, or the major part of them, shall determine the particular 
places where the said fish shall be taken, and give public notice there- 
of by posting up one or more notifications in some conspicuous place 
or places in said town, on or before the first day of May annually : 
provided, however, that the said fish shall not be taken any more than 
three days in each week, at the discretion of the committee, and only 
between the rising and the setting of the sun on said days ; and pro- 
vided, also, that the said committee, or an^' other person under them, 
shall not be authorized to appoint any such place for fishing on the 
lands of John Manning, Esq., without his consent. 

Sect. 3. Be it further enacted, That no person shall catch or take 
any of said fish in any river, brook or stream leading to or from the 
said pond, without the direction of the said committee, or the major 
part of them, in writing ; and whoever shall presume, at any time 
hereafter to take, kill or haul on shore any of the said fish with seines 
or drag-nets, in either of the rivers, ponds, brooks or streams through 
which the said fish pass into the said Cape Pond, or shall with any 
seine or drag-net, or in any other way obstruct the passage of the said 
fish to or from the said pond, or shall obstruct the said committee, or 
either of them (or those persons emplo3'ed b}' them) in the execution 
of their duty ; in all and every of these cases the oflfenders shall for 
each offence forfeit and pay a sura not exceeding twenty dollars nor 
less than five dollars, with costs of suit. 

Sect. 4. Be it further enacted, That it shall be the dut}' of the 
said committee, or either of them, and they are hereby vested with 
full power and' authorit}' to sue for and recover, in the name of the 
treasurer of the said town, from time to time, all forfeitures incurred 
by any breach of this act, before any justice of the peace for the 
county of Essex ; and an}^ justice of the peace of the town of Glou- 
cester may hear aud determine anj^ complaint under this act to the 
amount of twenty dollars, his being an inhabitant of the said town 
notwithstanding. And in case an}^ minor or minors shall offend 
against any part of this act, and thereby incur any or either of the 
penalties aforesaid, in all such cases the parent, master or guardian 
of such minor or minors shall be answerable therefor ; and in case of 
prosecution of such minor or minors, the action shall be commenced 
against such parent, master or guardian of such minor or minors 
respectively, and judgment rendered accordingly ; and all such fines 
shall be to the use of said town ; saving where any person shall give 



L 



INLAND FISHERIES. 159 

information of au}' breach of this act, the informer, upon conviction of 
the offender, shall be entitled to one half the forfeiture ; and no person 
shall be considered as being disqualified from being a witness on any 
trial that may be had pursuant to this act on account of his being an 
inhabitant of the said town of Gloucester, or of his being one of the 
committee aforesaid. 

Sect. 5. Be it further enacted., That it shall be the duty of the 
committee aforesaid to take care that a sufficient passage be kept 
open annually for the young alewives to pass from the said pond to 
the sea. — [December 14, 1816. 

1817. 

An Act to prevent the Destruction of Pickerel in the Town of Great Barrington. 

1817, 109. Sect. 1. Be it enacted. That from and after the pass- 
ing of this act, whoever shall kill, take or catch auj- pickerel in an}' 
pond, cove, river or stream within the town of Great Barrington, 
other than by or with a hook or hooks and line, shall forfeit and pa}^ 
the sum of five dollars for each and every pickerel so taken, to be 
recovered by any person who may sue for the same, to his own use, 
before an}^ justice of the peace within the same count}-. — [Februar}^ 
13, 1818. 

[Sp. Laws, vol. 1, p. 290.] 
An Act for the Preservation of the Fish called Alewives in Mattapoisett River. 
1817, 136. Sect. 1. Be it enacted. That from and after the pass- 
ing of this act, any person or persons who shall aid, assist or abet in 
the unlawful taking of any of the fish called alewives in Mattapoisett 
River, in Rochester, shall incur and be liable to the same forfeiture 
or forfeitures as the person or persons actually taking said fish, to be 
recovered in the same manner. — [February 19, 1818. 

[Sp. Laws, vol. 2, p. 285 ; 1812, 154.] 
An Act to regulate the Fishery in Monatiquot River, in the Town of Braintree. 
1817, 151. Sect. 1. Be it enacted, That the inhabitants of the 
town of Braintree, at their meeting in March or April annuall}^, may 
and they hereby are authorized to regulate the taking of the fish 
called alewives, shad and smelts in Monatiquot River, within said 
town, or to dispose of the privilege of taking the same, to their own 
use and benefit, in any manner or way that they may think proper, 
which sale shall not exceed three years at one time ; and said regula- 
tions when made shall remain in force one 3'ear next ensuing, and 
afterwards until new regulations, in manner aforesaid, shall be adopted 
by the town. And it shall be the dut}- of said town, at their 
aforesaid meeting annually, to choose three discreet persons by bal- 
lot, whose duty it shall be to inspect said river, to cause the regula- 



160 LAWS RELATING TO 

tions respecting said fisliery to be carried into eflfect, and to prosecute 
all violations thereof that shall come to their knowledge, and who 
shall also be sworn to the faithful performance of their duty in like 
manner and under like penalties as other town officers : provided, that 
nothing herein contained shall be construed to prohibit the inhabitants 
of the town of Braintree from taking smelts for their use and con- 
sumption, or any of the inhabitants of the towns of Quincy or Wey- 
mouth, for the same purpose, two days in each week, to be agreed 
upon by the town of Braintree at their annual meeting in March or 
April. 

Sect. 2. Be it further enacted, That the owners or occupiers of 
dams across said river shall, during the time said fish are passing up, 
constanth' keep open a passage through, over or round their respec- 
tive dams, sufficient for the passage of said fish, to the satisfaction 
of the selectmen of the said town, for the time being, or a major part 
of them, under penalty of a sum not less than twenty nor more than 
fift}^ dollars, for each and every twent^^-four hours that they shall 
neglect to open a passage as aforesaid, from and after said owner or 
occupier has been notified and required in writing by said committee, 
for the space of two days so to do. 

Sect. 3. Be it further enacted, That if any person or persons 
shall make an}' wear across said river, or cause any obstructions to 
the free passage of said fish, contrary to the regulations of the town, 
the person or persons so offending shall for each offence forfeit and 
pa}' a sum not exceeding fifty dollars, nor less than one dollar, at the 
discretion of the court before whom the same may be tried. 

Sect. 4. Be it further enacted, That all penalties incurred by a 
breach of this act, may be prosecuted and sued for before any court 
of record proper to try the same, by any inhabitant of said town being 
a freeholder ; and no person shall be considered as disqualified from 
being a witness on any trial that may be had pursuant to this act, by 
reason of his or her being an inhabitant of said town (who is not a 
complainant) , or of being one of the committee aforesaid. 

Sect. 5. Be it further enacted. That the town of Braintree shall 
cause to be given to every poor and necessitous famil}' in said town 
annuall}', two hundred of said alewives, and the selectmen of the 
said town of Braintree for the time being, shall or may determine 
what necessitous or poor family shall be entitled to the benefit of said 
fish. 

Sect. 6. Be it further enacted, That all fines and penalties re- 
covered for a breach of this act, shall be one third part for the use of 
the complainant, and the other two thirds for the use of the town of 
Braintree. 

Sect. 7. Be it farther enacted, That the committee chosen by 



INLAND FISHERIES. 161 

virtue of this act, shall be compensated for their service by the town 
of Braintree, at such rate as the town may agree upon, at the time 
they are chosen. 

Sect. 8. Be it farther enacted. That an act entitled " An Act to 
regulate the taking of fish called alewives, in Monatiquot River in 
the town of Braintree," passed on the first day of March, in the year 
of our Lord one thousand seven hundred and ninety-nine, and an act 
entitled " An Act in addition to an Act entitled An Act to regulate 
the taking of the fish called alewives in Moiiatiqnot River, in the 
town of Braintree," passed on the twenty-eighth day of February, in 
the year of our Lord one thousand eight hundred and twelve, be and 
hereby are repealed. — [Februar}' 20, 1818. 

[1840,37; 1877, 123.] 

[Sp. Laws, vol 1, p. 518.] 

An Act to prevent tbe taking of Fish near the Dam, at the Canal at Soutli Hadley 

Falls on Connecticut River. 

1817, 157. Sect. 1. Be it enacted, That no person or persons at 
any time hereafter shall take any salmon or shad within one mile and 
a half of any part of the dam in Connecticut River, near the canal 
at South Hadley, with any net, seine, pot, scoop-net or any other 
machine or instrument whatever. And if any person or persons shall 
take or catch an}' salmon or shad, contrary to the true intent and 
meaning of this act, each person so offending shall, for ever}' such 
offence, forfeit and pay a fine of twenty dollars. 

Sect. 2. Be it further enacted, That all nets, seines and other 
machines and instruments, used in taking salmon and siiad as afore- 
said, shall be and hereb}' are forfeited to any person or persons who 
shall prosecute for the same, with costs of suit, to his or their own 
use, upon complaint or information to an}' justice of the peace in and 
for either of the counties of Hampshire or Hampden ; who may there- 
upon issue his warrant to seize the same, to be kept until trial of the 
said complaint or information,' which the said justices are hereby 
fully authorized to hear and determine. 

Sect. 3. Be it further enacted, That all sums of money f(jrfeited 
by any breach of this act, shall and may be sued for and recovered 
by action or information, with costs of suit, before any justice of the 
peace within the counties of Hampshire or Hampden ; and one half 
of such fine shall enure to him or them who shall sue or prosecute for 
the same ; and the other half for the use of the county in which said 
action or information shall l)e prosecuted. And any person or per- 
sons aggrieved at the sentence of the justice of the peace, given in 
pursuance of this act, may appeal therefrom to the next circuit court 
of common pleas, to be holden in the county in which judgment may 
be rendered. — [February 20, 1818. 



162 LAWS RELATING TO 

An Act to prevent the Destruction of Shad and Alewives in the South River, so called, 
in the Town of Marshfield. 

1817, 162. Sect. 1. Be it enacted, That the inhabitants of the 
town of Marshfield, at their meeting for the choice of town officers in 
March or April annually, be and the}^ are hereb}' authorized and 
empowered to appoint three or more persons a committee to superin- 
tend the taking of shad and alewives, at such places and on such days 
as said inhabitants at said meeting shall direct ; which committee shall 
dispose of said fish as said town shall order, and shall be allowed such 
compensation for all their said services as said town shall think just 
and reasonable ; and shall settle their accounts annually with the 
selectmen of said town and pa}^ the balance into their hands for the 
use of said town. 

Sect. 2. Be it further enacted, That the said committee or the 
major part of them be and they are hereby authorized to have made 
and kept open sufficient sluice-ways at proper times, for the passage 
of said fish up and down said river, through, over or round all dams 
for mills or other water-works, which now are or shall hereafter be 
made over said river in said town ; and if any person or persons shall 
obstruct or impede the passage-ways allowed or authorized by said 
committee or a major part of them, for the passage of said fish up and 
down said river, or shall by an}' means whatsoever, hinder the said 
fish from passing up and down said river, otherwise than is directed 
by this act, such person or persons so offending, shall forfeit for every 
such oflfence, a sum not exceeding one hundred dollars, nor less than 
fifty dollars. 

Sect. 3. Be it further enacted, That if any person or persons other 
than the said committee or such person or persons as shall be by them 
employed or permitted, shall take an}' of the said fish in said river or 
any stream that belongs to it, at any time or by any means whatever, 
each person so offending shall forfeit and pay a sum not exceeding 
ten dollars nor less than five dollars for every such offence. 

Sect. 4. Be it further enacted, That all penalties incurred by any 
breach of the provisions of this act, shall be sued for and recovered 
by the treasurer of said town of Marshfield, for the time being, in any 
court in the county of Plymouth proper to try the same ; and all sums 
of money so recovered, shall be appropriated to the use of said town ; 
and in case any minor or minors shall oflTend against any part of said 
act, and thereby incur any or either of the penalties of this act, in all 
such cases, the parents, masters or guardians of such minors respec- 
tively, shall be answerable therefor ; and in case of any prosecution 
of such minor or minors for any of the aforesaid offences, the action 
shall be commenced against the parent, master or guardian of such 
minor or minors respectively and judgment shall be rendered against 



INLAND FISHERIES. 163 

them in such case, in the same manner as for his or their personal 
offence. — [February 20, 1818. 

[1853, 350.] 

1818. 

An Act to regulate the Fishery in First Herring Brook, in the Town of Scituate. 

1818, 13. Sect. 1. Be it enacted, That the selectmen of the town 
of Scituate shall be fish- wardens in said town, and shall have author- 
ity to open necessarj^ and convenient sluice-ways through any dam 
erected on the First Herring Brook, so called, in said Scituate, and 
shall annually form and publish such regulations respecting the pres- 
ervation, and the time and manner of taking alewives in said First 
Herring Brook, with suitable fines and penalties annexed to the breach 
of said regulations as they ma}' judge proper ; said fines and penalties 
to be recovered by action or complaint in any court having competent 
jurisdiction : provided, said regulations are not inconsistent with the 
constitution and laws of this Commonwealth ; and provided, also, that 
the said town of Scituate at any legal meeting for that purpose, shall 
have power to dispose of the right of fishing in said First Herring 
Brook, according to the regulations aforesaid, to such persons and 
upon such terms as they may determine to be proper ; and all fines 
and penalties which may be recovered for breaches of this act, shall 
inure one half to the complainant or person who may sue for and 
recover the same, and the other half to the poor of said town of Scit- 
uate. And the said regulations which may be so formed and adopted 
by the selectmen, shall be recorded in the town records ; and it shall 
be deemed sufficient notice to all persons of the publication of said 
regulations, b}^ posting them up in three several places in the said 
town, as the discretion of the selectmen may direct. — [June 12, 1818. 

[1852, 151.] 

[1815, 111.] 

An Act to repeal'all Laws heretofore made for regulating the Alewive Fishery in the 

Towns of Bridgewater and Halifax, in the County of Plymouth. 

1818, 83. Sect. 1. Be it enacted, That all the laws heretofore 
made for regulating the alewive fishery in the towns of Bridgewater 
and Halifax, in the county of Plymouth, or either of them, or that 
may require any passage-way for said fish at any mill-dam in said 
towns, or either of them, excepting Pratt's dam, so called, in Titicut, 
be and the same are hereby repealed, so far as they respect either of 
said towns. — [February 15, 1819. 

An Act to prevent the Destruction of the Fish called Tom Cod and Smelts in Charles 
River, and to regulate the manner of taking the same. 

1818, 109. Sect. 1. Be it enacted. That from and after the pass- 
ing of this act, if an}' person or persons shall place or set any seiuQ 



164 LAWS RELATING TO 

or net, or set up, erect or place an}' obstruction or incumbrance what- 
soever (mill-dams excepted) in or across Charles River, whereb}' the 
free passing of the flsli up and down said river shall be straightened, 
obstructed or stopped, they shall severally forfeit and pay the sum of 
fifty dollars for each and every offence, one half of which shall be to 
the use of him or them that shall sue or prosecute therefor, and the 
other half to the use of the town or towns within whose limits the 
offence is committed ; or any town may sue in the name of its inhabi- 
tants, and in that case the whole penalty' shall be to the use of the 
town thus sueing. 

Sect. 2. Be it further enacted^ That if an}' person or persons shall 
draw or use an}' seine or net of a greater length thail fifteen feet, or 
shall make use of more than one net or seine at the same time, to 
take any of the fish called torn cod and smelts within said river, or 
shall draw any such seine or net on any other of the days of the week 
than Monday, Wednesday and Friday, they shall severally forfeit and 
pay the sum of forty dollars for each and every offence, to the use as 
aforesaid ; and all other forfeitures incurred by any breach of this act 
may be recovered by an action on the case before any court proper to 
try the same : jjrovkled, that nothing contained in this act shall be 
construed to subject any person or persons to any of the penalties 
aforesaid by reason of their happening to take any of the said fish 
called tom cod and smelts, when they shall rightfully draw or use a 
seine or net, the meshes of which are not less than one inch square, 
for the purpose of taking shad and alewives, in the usual and proper 
season of taking those fish. — [February 19, 1819. 

1819. 

[Sp. Laws, vol. 1, p. 272.] 

An Act in furtlier addition to tlie several Acts for regulating the Fishery in Merrimaclc 

River. 

1819, 4. Skct. 1. Be it enacted. That from and after the first day 
in Jiily in each and every year, the penalties contained in the several 
acts heretofore passed for regulating the fishery in Merrimack River, 
shall not extend to or be in force against any person drawing a net 
or seine for the purpose of taking the fish called menhaden, or any 
other sea or salt water fisli, anywhere below Essex Merrimack bridge ; 
anything in the several acts before mentioned to the contrary notwith- 
standing. — [June 11, 1819. 

[Sp. Laws, vol. 3, p. 378.] 
An Act respecting the Fishery in the Towns of Rehoboth and Swanzey. 

1819,11. Sect. 1. Be it enacied. That from and after the pass- 
ing of this act, if any person or persons shall attempt to take any 



INLAND FISHE]IIES. 165 

shad or alewives with a seine, or drag-net, or scoop-net, set or draw- 
ing in Palmer's River, or the branches thereof, at an^' time or place 
otherwise than is allowed by law within the towns of Rehoboth or 
Swanze}'. shall forfeit and pay seven dollars for each and every offence, 
to be recovered by action of debt in any court proper to try the same, 
one moiety to him or them who shall prosecute for the same, and the 
other moiety to the town in which the offence is committed. 

Sect. 2. Be it further enacted, That an}- seine, drag-net or scoop- 
net which shall be found set or drawing in said Palmer's River, or 
any branch thereof, with or without the owner of the same, or any 
other person, shall be forfeited to tlie use of the poor of the town in 
which the offence is committed ; and if an}- person or persons shall 
make, or cause to be made, any weare within eight rods of another in 
said river, he or the}' shall forfeit and i)a3' a fine of seven dollars, to 
be recovered and appropriated as aforesaid. — [June 12, 1819. 

[1820, 51 ; 1836, i;iO; 1837. 184 ] 

[Sp. Laws, vol. 1, p. 272 ] 
An Act farther regulating the Fishery in Merrimack River and the Streams running 

into the same. 

1819, 20. Sect. 1. Be it enacted, That if an}' person or persons 
shall erect or cause to be erected an}' mill-dam or weare, or shall place 
any stones, timber, boards, plank or gravel, or any other obstruction 
or incumbrance in or across the Merrimack River, or any of the rivers 
or streams running into the same, or continue or suffer to be continued 
any such obsti'uction or incumbrance as before mentioned, as hath 
heretofore been erected or placed so as to prevent or olistruct the free 
passage of the salmon, shad or alewives in their usual course up and 
down said rivers and streams, at the time of their passing up to cast 
their spawn, and returning down of said fish and the 3'oung fry ; the 
person or persons so offending, instead of the penalt}' heretofore pro- 
vided by law for such offence, shall forfeit and pa}' a sum not exceed- 
ing five hundred dollars, nor less than one hundred dollars, at the 
discretion of the court before whom the conviction may be had, to be 
recovered by action or indictment ; one half to the use of the county, 
and the other half to the person or persons who may sue or prosecute 
for the same ; and the court before whom such conviction may be had 
shall cause the obstruction to be removed at the cost and charge of 
the offender or offenders. 

Sect. 2. Be it further enacted, That if any person or persons shall 
at any time, with a spear or other instrument or machine, by torch- 
light or candle-light, catch, kill or destroy any salmon, shad or ale- 
wives in any of the rivers or streams aforesaid, or shall with jack and 
spear, by torch-light or candle-light fish for the purpose of catching 
tiny salmon, shad or alewives, every such person so offending shall 



k 



166 LAWS RELATING TO 

forfeit and pay the sum of fifty dollars, to be recovered and appro- 
priated as aforesaid. 

Sect. 3. Be it further enacted, That if any person or persons shall 
catch any salmon, shad or ale wives in any part of Merrimack River, 
or in any river or stream running into the same, or shall draw or drag 
any seine, drag-net or fly-net, or set any net or pot, or use any other 
machine, or suffer such to be continued or set for the purpose of catch- 
ing any of the said fish, in any of the said rivers or streams, at any 
other time or times than by the laws of this Commonwealth are 
expressly allowed and permitted, every such person so offending, 
instead of the penalty- heretofore provided by law for such offence, 
shall forfeit and pay a sum not exceeding one hundred dollars, nor 
less than fifty dollars, to be recovered and appropriated as aforesaid. 

Sect. 4. Be it further enacted, That each and every fish- warden, 
sheriff, deputy-sheriff, constable and grand juror is hereby empowered 
to command the assistance of any person or persons which the}' or 
any of them may judge necessary for carrying this act, and the sev- 
eral acts to which this is in addition ipto full effect, in the same man- 
ner as sheriffs are empowered to command aid in a civil or criminal 
process. 

Sect. 5. Be it farther enacted, That all seines, nets and pots, of 
every sort and description used for the purpose of catching any of the 
aforesaid fish, if found in either of said rivers or streams, or within 
the banks of the same on any day or time when by law it is not per- 
mitted or allowed to catch any of said fish, each and every such seine, 
net, pot or other instrument, shall be forfeited, together with any 
boat, in which the same may be found ; and the same may be seized 
by a fish-warden, sheriflf, deputy-sheriff, constable or grand juror, and 
prosecuted for in the same way and manner as by law provided, when 
seines are seized for breach of the laws for regulating the fisheries in 
said rivers and streams ; and the net proceeds, after paying all costs 
and charges, shall be for the sole use of the person who may seize and 
prosecute for the same, except when complaint shall be made by any 
other person ; in which case the informant or person complaining shall 
be entitled to one half, and the other half shall enure to the county 
where the offence is or maj' be committed. 

Sect. 6. Be it further enacted, That if an}^ person or persons shall 
fish with seine or net more than eighteen rods long in Merrimack 
River, or twelve rods long in Concord River, or extend more than one 
seine or net on the same fishing grounds at one and the same time, 
instead of the penalties heretofore provided by law, shall, for every 
such offence, forfeit and pay a fine of fiftj- dollars ; and such seines 
and nets, together with the boat or boats so employed, shall be for- 



INLAND FISHERIES. 167 

felted and the same may be seized and prosecuted for in manner 
aforesaid. 

Sect. 7. Be it further enacted. That it shall be the duty of the 
proprietors of the Middlesex Canal to cause to be erected and kept 
in repair in said canal, on both sides of said Concord River, such 
gates, constructed of wire or other materials, as may be sufficient to 
prevent the passage of the fish or joung fry through said canal, either 
toward Merrimack River or toward Medford ; and shall not allow the 
said gates or either of them to be kept open, excepting at the time of 
passing any boat or raft, in either direction in said canal ; and no 
longer at an}'^ time, than may be sufficient for the passing of such boat 
or raft through the said gates ; and for failure or neglect of the dut}' 
herein enjoined, they shall forfeit and pay a sura not exceeding five 
hundred dollars, nor less than one hundred dollars, to be recovered 
and appropriated as aforesaid. 

Sect. 8. Be it further enacted, That the act entitled " An Act 

further regulating the fishery in Merrimack River," passed on the 

fourteenth day of June, eighteen hundred and seventeen, be and the 

same is hereby repealed : provided, however, that the said act shall be 

in full force as to the prosecutions commenced under the said act. — 

[June 18, 1819. 

[1820,22,70; 1832,56; 1866,238.] 

An Act to prevent the Destruction of Fish in the several Ponds in the Town of Haverhill. 

1819, 98. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, no person shall take, catch or kill any pickerel or 
other fish in the several ponds in the town of Haverhill, in the county 
of Essex, with any instrument whatever, at any time between the 
first day of December in each 3'ear, and the first day of May following, 
and no person shall catch, kill or destroy an}' pickerel or perch in said 
ponds, or in the several brooks running into or out of the same, with 
any spear, grapple, seine, net or pot, at any time after the passing of 
this act. And eveiy person so offending against the provisions of 
this act, shall for each and every offence, forfeit and pay the sum of 
two dollai's, to be recovered with costs of suit in an action of debt, 
b}' au}^ person or persons who shall sue for the same, to his or their 
use, before any justice of the peace within and for the county of Essex. 

Sect. 2. Be it further enacted, That the inhabitants of Haverhill, 
aforesaid, ma}', at their annual meeting in March or April, in any 
year, by vote, suspend the operation of the prohibitions and restric- 
tions contained in the first section of this act, or any part of the same, 
for any term of time not exceeding one year, as to them shall seem 
expedient. — [February 7, 1820. 

[1848, 12.] 



168 LAWS RELATING TO 

[Sp. Laws, vol. 2, p. 214.] 
An Act in addition to an Act entitled " An Act for the preservation of the Fish called 
Alewives in the Weweantit River in the County of Plymouth, and for the regnlating 
the Taking said Fish." 

1819, 118. Sect. 1. Be if enacted, That fiom aud after the 
twenty-fifth day of June next, no person shall be liable to pay any 
penalty or forfeitai'e for taking tish called alewives in Weweantit 
River, or in any pond or stream having connection therewith, from 
the twenty-fifth day of June, to the fifteenth day of March, annually, 
an}' law to the contrary notwithstanding. — [February' 15, 1820. 

[1836, 218.] 

[Sp. Laws, vol. 2, p. 502.] 
An Act to repeal all Laws heretofore made regulating the Alewive Fishery in the Town 
of Kingston in the County of Plymouth, so far as they relate to Jones River, above 
and including Adams' mill-dam, so called, and also so far as they relate to Stony 
Brook in said Town. 

1819, 125. Sect. 1. Be it erificted, That all the laws heretofore 
made regulating the alewive fishery in the town of Kingston, in the 
count}^ of Plymouth, so far as they relate to Jones River, above and 
including Adams' mill-dam, so called, and also so far as the}' relate to 
Stony Brook in said town, be and the same are hereb}' repealed. — 
[February 21, 1820. 

[Sp. Laws, vol. 1, p. 422.] 
An Act to regulate the Fishery in Taunton Great River. 
1819, 133. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, it shall not be lawful for any persons, except as is 
hereinafter provided, to catch shad and alewives with seines or nets in 
the Taunton Great River, from the fifteenth day of March to the first 
day of June in each year : provided, that it shall and may be lawful 
for the inhabitants of the several towns situated on said River, to catch 
shad and alewives with seines or nets in said river, with twelve seines 
or nets only, in the manner following, to wit : the towns of Wellington, 
Dighton, Somerset, Freetown and Troy shall each have the right of 
disposing at public auction, for their own benefit, of the privilege of 
catching shad aud alewives with one seine or net only ; the towns of 
Berkle}' and Ra3-nham shall each have the right of disposing at public 
auction, for their own benefit, of the privilege of catching shad and 
alewives with two seines or nets only ; and the town of Taunton shall 
have the right of disposing at public auction, for their own benefit, 
of the privilege of catching shad and alewives with three seines or 
nets onl}', in the river aforesaid, for the time aforesaid ; and the 
purchaser or purchasers of the privileges which shall be located in the 
towns of Ra3'nham and Taunton shall not have a right to sweep with 
a seine or net more than fifteen rods in length ; and the towns of 



INLAND FISHERIES. 169 

Berkley and Wellington shall not have a right to sweep with a seine 
or net more than twenty rods in length, and but four days in each 
week, beginning at four o'clock on Monday morning and ending at 
four o'clock on Friday morning ; the purchaser or purchasers of the 
privilege or privileges which shall be located in the town of Dighton 
shall have a right to sweep with a seine or net, thirty rods in length 
and no more, five days in each week, beginning at four o'clock on 
Monday morning and ending at four o'clock on Saturday morning ; 
and the purchaser or purchasers of the privilege or privileges which 
shall be located in either of the towns of Somerset, Freetown or Troy 
shall have a right to sweep with a seine or net, forty rods in length 
and no more, five da3's in each week, beginning at four o'clock on 
Monday morning and ending at four o'clock on Saturda}' morning ; 
and provided, also, that each of the vsaid towns shall, at a legal meet- 
ing between the first day of September and the last da}' of December 
in each year, dispose and make sale of, at public auction, for the next 
3'ear, and so from year to year, their privilege or privileges of catch- 
ing shad and alewives with seines or nets in the river aforesaid for 
the time aforesaid, to such person or persons as shall offer the most 
for the same and give suflScient security for the paj'ment of the pur- 
chase money, at such time and in such manner as the respective towns 
shall order. 

Sect. 2. Be it further enacted, That the several purchasers of the 
respective privileges aforesaid, shall select the place where the}^ in- 
tend to use their seine or net for the purpose of catching shad and 
alewives, and shall file a certificate thereof with the clerk of the town 
within which they have determined to exercise their said privilege as 
aforesaid, on or before the first day of March in each year : provided, 
that the privilege which shall be purchased of the said town of Som- 
erset shall be exercised within the limits of said town ; and the person 
or persons so purchasing and locating the privileges aforesaid, shall 
have the right to catch shad and alewives in the river aforesaid, for 
the time aforesaid, and no other person. 

Sect. 3. Be it further enacted, That no purchaser of a privilege, as 
aforesaid, shall make use of a seine or net for the purpose aforesaid, 
at any other place in said river than the place so selected and certified 
as aforesaid, during the time aforesaid ; and no two seines shall be 
located or swei)t within half a mile of Robinson's bridge, so called, in 
Raynham ; and no seine or net shall be swept more than forty rods 
on the bank of said river ; and no two seines shall be allowed to be 
swept within the same limits, on the same side of said river ; and no 
person whatever shall be permitted to set any seine, net, weare or 
other obstruction, in or across said river or any part thereof, or any 
waters connected with said river (Broad Cove, so called, in Somerset, 



170 LAWS RELATING TO 

excepted), for the purpose of taking shad or alevvives, or obstructing 
their passage along the said river, during the time aforesaid. 

Sect. 4. Be it further enacted^ That if any person or persons shall 
draw or sweep with any seine or net, on any day or time other than 
as before expressed, or at any other place than those selected and 
located as aforesaid ; or shall on any da^^ or at any place set an}- 
seine or net, weare or other obstruction in or across said river, or any 
part thereof, or any waters connected with the same (Broad Cove 
aforesaid, excepted), with the intention to catch or destroy an}- of 
the fish called shad or alewives within the time limited in the first 
section of this act, he or they shall forfeit and pay fifty dollars for 
each and every such oflfence, to be recovered b}'^ indictment or inform- 
ation, to the use of the county in which the offence shall be commit- 
ted, or by action of debt ; one half thereof, after deducting all 
necessary expenses of the prosecution, to the use of him or them who 
shall sue for the same, and the other half to the use of the town in 
which the offence shall be committed. 

Sect. 5. Be it further enacted^ That if any person or persons shall 
be found sweeping with any seine or net, or if any seine or net shall 
be used by any person contrary to the true intent and meaning of this 
act, it shall and may be lawful for any fish-warden or inspectors, to 
be chosen by virtue of this act, or the law regulating the fishery in 
the town of Middleborough, to seize or take such seine or net and 
convert and retain the same to his or their own use or benefit, without 
any suit or process whatsoever ; and if prosecuted therefor, to plead 
the general issue and give this act in evidence as though the same 
had been pleaded specially. 

Sect. 6. Be it further enacted^ That the several towns aforesaid 
shall, at their annual meetings in the mouth of March or April, choose 
by ballot three or more suitable persons, being freeholders in said 
town, as fish-wardens, whose duty it shall be, jointly and severally, to 
see that this act is enforced, and to prosecute for all breaches thereof; 
and each fish-warden so chosen shall be sworn to the faithful dis- 
charge of his dut}' ; and the said fish-wardens, when sworn, are 
authorized to measure seines and nets, and to pursue and execute the 
duties of their office in any place within the towns aforesaid. And if 
any person chosen a fish-warden as aforesaid, shall refuse or neglect 
to be sworn as aforesaid, for the space of five da3's after he shall be 
duly notified of his election as aforesaid, he shall forfeit and pay a 
fine of teu dollars, to the use of such town, to be recovered by action 
of debt b}' the treasurer thereof, and such town shall proceed to a new 
choice ; and so on, as often as circumstances shall require. And if 
any of the towns aforesaid shall neglect to choose fish-wardens as 
aforesaid, or to make sale of their privileges aforesaid, within the 



INLAND FISHERIES. 171 

time limited therefor, according to the meaning of this act, such town 
shall forfeit and pay a fine of one hundred dollai's, for the use of him 
or them who shall prosecute for the same. 

Sect. 7. Be it further enacted. That all the laws heretofore made 
for the regulation of the fishery in Taunton Great River (except so 
far as respects the town of Middleborough), be and the same are 
hereby repealed : provided, however, that any prosecutions which have 
been or may be commenced for the recovery of anv forfeitures incurred 
b}^ virtue of the laws hereby repealed, may be prosecuted to final 
judgment and execution, in the same manner as if this act had not 
been passed ; and provided, also, that all contracts made prior to the 
passing of this act, by any of the towns aforesaid, respecting the fish- 
ery aforesaid, by virtue and in pursuance of the laws hereb}" repealed, 
shall be valid to all intents and purposes ; this act to the contrary 
notwithstanding ; and x>rovided, further, that the inhabitants of the 
respective towns aforesaid, who have not already disposed of their 
privileges as aforesaid, for the present year, by virtue and in pursu- 
ance of the laws hereby repealed, shall and ma}- dispose of the same 
at any time before the first day of March next. — [February 21, 1820. 

[1822, 38.] 

[Sp. Laws, vol. 1, p. 313.] 
An Act regulating the Taking of Fish called Alewives in the Town of Middleborough. 

1819, 137. Sect. 1. Be it enacted, That from and after the passing 
of this act, it shall and may be lawful for the inhabitants of the town 
of Middleborough, in the county of Plymouth, to take the fish called 
alewives at the Old Stone Wear, so called, in said town, on Wednes-- 
day, Thursda}', Friday and Saturday of each week during the time 
said fish are allowed to pass the aforesaid place, and at no other time 
at the place aforesaid ; any law to the contrary notwithstanding. — 

[February 21, 1820. 

[1837, 193.] 

1820. 

[Sp. Laws, vol. 1, p. 272.] 
An Act to suspend the operation of the Seventh Section of an Act entitled "An Act fur- 
ther regulating the Fishery in the Merrimack River and the Streams running into the 
same," 

1820, 22. Sect. 1. Be it enacted. That the seventh section of an 
act entitled "An Act further regulating the fishery in Merrimack River, 
and the streams running into the same," passed on the eigliteenth 
da}^ of June, in the year of our Lord one thousand eight hundred and 
nineteen, be and the same is hereby suspended in its operation, until 
the first day of April next. — [June 17, 1820. 



172 LAWS RELATING TO 

An Act to regulate Passage- Way for Fish through the Dam near the Mouth of Concord 
River, in the County of Middlesex. 

1820, 38. Sect. 1. Be it enacted^ That so long as there shall be 
kept and upheld a dam across Concord River, between the towns of 
Chelmsford and Tewksbur}', in the county of Middlesex, where the 
dam of Thomas Kurd's factory now is situated, it shall be the duty 
of the owner, occupant or person upholding said dam, to cause to be 
made a sluice or passage-way, for fish to pass freely' up and down the 
river through said dam ; and the same shall be constructed with a 
permanent mud-sill, to be placed at the bottom of the natural chan- 
nel of said river, and to extend from the shore of the island in said 
river, not less than fifteen feet towards the factory, in tlie direction of 
the present dam, with permanent abutments, and a cross timber at 
the top not less than tliirty inches above the mud-sill ; and the whole 
of said i)assage-way shall be kept open, from the first day of' April to 
the twentieth day of May in each year, except only that when by 
reason of the falling of the water in said river, there shall not be 
more than twelve inches of water above said mud-sill, the said 
passage-way nia^^, with the advice and consent of the fish-wardens 
of the towns of Chelmsford and Tewksbur^^, given in writing, be 
diminished in pro[)ortion to the depth of the water : provided^ hotoever, 
that it shall never be reduced to a less depth than five feet from the 
abutment on the west side. 

Sect. 2. Be it further eaaded, That so long as the owner, occu- 
pant or person upholding said dam shall cause to l)e made and kept a 
sluice or passage-way for fish through said dam, of the dimensions and 
constructions aforesaid, according to the true intent and meaning of 
this act, he shall not be liable to any penalty or prosecution by force 
. of any act relative to the obstruction of the passage of fish up and 
down said river. 

Skct. 3. Be it farther enacted., That no person shall be permitted 
to obstruct the free passage of fish during the aforesaid months of 
April and Ma}', by taking them in an}* manner, at the said passage- 
way. 

Sect. 4. Be it further enacted^ That this act shall continue in force 
for the term of ten 3'ears and no longer. — [January 24; 1821. 



[Sp. Laws, vol. 3, p. 37S.] 

An Act in addition to the several Acts heretofore passed, to regulate the Fishery in 
llehoboth and Swanzey. 

1820, 51. Sect. 1. Be it enacted^ That no person whatever shall 
be permitted to set any seine, net, weare or other obstruction across 
Palmer's River in Swanzey, at any time between the first day of 
April and the twentieth day of June in each year, for the purpose of 



INLAND FISHERIES. 173 

ol),structing the passage of fish up the said river into Rehoboth ; and if 
an}' person or persons shall, within the time aforesaid, set an}- seine, 
net, weare or other obstruction across said river for the purpose afore- 
said, he or they shall forfeit and pay a fine of seven dollars for each 
and every such offence, to be recovered b^' action of debt, one half to 
tjie use of hiin or them who shall prosecute therefor, and the other 
half to the use of the town in which the offence shall be committed ; 
and such seine or net so set across said river shall also be forfeited 
to the use of him or them who shall prosecute for the same. — [Feb- 
ruary 9, 1821. 

[1836, 130.] 

[Sp. Laws, vol. 1, pp. 238, 512.] 
An Act for the regulation of the Shad and Alewife Fishery in Cambridge, Charlestown, 
Medfovd and West Cambridge. 

1820, G7. Skct. 1. Be it enacted, That the act passed on the 
sixteenth day of Feliruary, iu the year of our Lord one thousand 
seven hundred and eighty-nine, entitled "An Act to prevent the 
destruction of the fish called shad and alewives in Mystic River, so 
called, within the towns of Cambridge, Charlestown and Medford, 
and for repealing all laws heretofore made for that purpose," shall 
be taken and construed to extend to the town of West Cambridge in 
the county of Middlesex, as fully, to all intents and purposes, as if 
the town of West Cambridge had been originally named in said act ; 
and it shall be lawful for the inhabitants of the said town of West 
Cambridge to catch and take any of the said fish within the limits of 
said town, on all such dajs and times as by the provisions of the 
act aforesaid it is made lawful for the inhabitants of the said town of 
Cambridge to catch them, and on no other days or times. 

Sect. 2. Be it further enacted, That any member of the several 
committees for the preservation of fish, annually to be chosen in each 
of said towns of Cambridge, Charlestown, Medford and West Cam- 
bridge, shall have full power and authority to do any act or thino- 
in any or either of the said towns which heretofore might have been 
lawfully done by a majority of either of said committees within the 
town where such committee was chosen, and shall be entitled to and 
enjoy all the privileges and protection, when in the exercise or dis- 
charge of. their duties iu either of said towns, which a majority of 
either or any of the said committees were heretofore entitled to and 
enjoyed, when acting in discharge of their said duties within the limits 
of the particular town for which such committee w^as chosen. And an\' 
person who shall disturb or hinder any or either of said committee-men 
in the execution of the duties of their said ofHce, shall forfeit and pa}- 
for every such offence a sum not exceeding twentj' dollars nor less than 
ten dollars ; and each and every pecuniary penalty to be forfeited and 



lU LAWS RELATING TO 

paid by the aforesaid act for a breach or violation of any of the pro- 
visions thereof, is hereby raised and increased to a sum not exceeding 
twenty dollars nor less than ten dollars, in lieu of the sums therein 
mentioned, to be forfeited and paid respectively. 

Sect. 3. Be it further enacted. That for the better securing to 
the said towns of Cambridge, Charlestown, Medford and West Cam- 
bridge their equal benefit from said fisher^', the said town of Medford 
shall be restricted to fish only on the ebb-tide, on such days as b}' the 
act aforesaid are provided for the inhabitants of said Medford to take 
said fish ; and ever^^ person who shall take or catch any of said fish 
upon the flood-tide, an}' net, seine or other fishing implements for the 
purpose of catching an}^ of said fish, or to obstruct their passage up 
or down said rivers, .streams or waters aforesaid, shall for each and 
every such off'ence incur the like forfeitures and penalties as shall be 
incurred by force of this act, by any person who shall catch or take 
any of said fish contrary to the provisions of the act mentioned in the 
first section of this act. 

Sect. 4. Be it further enacted, That the inhabitants of the said 
town of Charlestown shall be prohibited and restricted from setting or 
continuing any net, seine or other fishing implement in any of the 
rivers, streams or waters aforesaid, only while actually drawing or 
dragging for said fish, except as is hereinafter provided ; and every 
person who shall, within the town of Charlestown, set or continue any 
such net, seine or other fishing implement in any of the rivers or 
waters aforesaid, which may stop or obstruct the passage of said fish 
up or down the same, unless such person, at the same time, shall be 
actually engaged in drawing or dragging for said fish, except as is 
hereinafter provided, shall, for each and every such offence, incur like 
forfeitures and penalties as shall be incurred by force of this act, by 
any person who shall catch an}' of said fish contrar}' to the provisions 
of the act mentioned in the first section of this act : irrovided, never- 
theless, that nothing herein contained shall be construed to deprive the 
said inhabitants of Charlestown of the right of setting and having one 
stationary net or seine in Little River, so called, at any and all times 
between the hours of twelve of the clock at noon and twelve of the 
clock on the following night, on all such days as are lawful for said 
inhabitants to take said fish. 

Sect. 5. Be it further enacted, That no net, seine or other fishing 
implement shall ever be placed or used in the said Mystic River, nor 
in the said Little River, within fifteen rods from the point where the 
waters from those two rivers meet ; and every such net, seine or other 
fishing implement which shall be found situated in either of said rivers 
contrary' to the provisions aforesaid, shall be wholly forfeited to the 
use of any person who shall find the same ; and every person who 



INLAND FISHERIES. 176 

shall be guilty of placing or putting an}^ such net, seine or other fish- 
ing inipleuieut in either of said rivers, within fifteen rods from the 
meeting of the waters of those rivers as aforesaid, shall forfeit and 
pay for each and every such offence, the sum of twenty dollars, to 
be recovered before an}^ justice of the peace for said count}' of 
Middlesex. And any person who shall be guilty of opposing or 
hindering the removal of any net, seine or fishing implement which 
shall be found situated in either of said rivers, contrary to the pro- 
visions of this section, shall forfeit and pay the sum of twenty 
dollars, to be recovered in the same manner as the forfeiture last 
above mentioned. 

Sect. 6. Be it further enacted, That any person or persons who 
shall at any one time catch or have in his or their possession, within 
either of said towns of Cambridge, Charlestown, Medford or West 
Cambridge, any of said fish, after they have cast their spawn, to the 
number of twenty or upwards, shall forfeit and pay for each and 
ever}' offence, a sum not exceeding twenty dollars, nor less than ten 
dollars. 

Sect. 7. Be it further enacted, That every net, seine or other fish- 
ing implement which shall be placed or used in any of the rivers, 
streams or waters aforesaid, within either of said towns, contrar}^ 
to the provisions of this act, as also all fish that shall be taken con- 
trary to any of the provisions of either of said acts, shall all be for- 
feited to the use of any person or persons who shall detect or discover 
any of such fish to be taken as aforesaid, or any such net, seine, or 
other such fishing implement to be situated or used as aforesaid ; and 
all forfeitures or penalties to be incurred for a breach of either of the 
acts aforesaid, shall be recoverable by any of the inhabitants of either 
of said towns of Cambridge, Charlestown, Medford and West Cam- 
bridge, in an action of debt, before an}^ court proper to try the same ; 
one half the amount thereof to the use of the plaintiff in such action, 
and the other half thereof to the town where he belongs. — [February 
14, 1821. 

[1845, U9.] 



[1811,175; 1814,137.] 

An Act to regulate the Passage- Way for Fish through the Canal Mill-Dam, in Billerica, 

and for other Purposes. 

1820, 70. Sect. 1. Be it enacted, That so long as there shall 
be kept and upheld a dam across Concord River, in the town of 
Billerica, where the mill-dam of the proprietors of the Middlesex Canal 
now is situated, thei-e shall be kept open at the usual place in said 
dam, a sluice or passage-wa}^ for the fish to pass up and down the 
river through said dam, from the first day of April to the twentieth 
day of May in each year ; which sluice or passage-way shall be con- 



176 LAWS RELATING TO 

structed with a permanent mud-sill, to be placed upon the bottom of 
the natural channel of said river, with permanent abutments and a 
cross timber at the top, not less than thirty inches above the mud-sill, 
and shall not be less than fifteen feet in breadth, except only when 
b}' reason of the falling of the water in said river, there shall not be 
more than twenty-four inches of water above said mud-sill, the said 
passage-way with the advice and consent of the fish-wardens of Bil- 
lerica, given in writing, ma}' be diminished in proportion to the depth 
of the water : provided, however^ that it shall never be reduced to a 
less breadth than six feet. 

Sect. 2. Be it further enacted, That so long as said proprietors, 
occupant or person upholding said mill-dam, shall cause to be kept 
open a sluice or passage-way for fish through said dam, of the dimen- 
sions aforesaid, and for the time aforesaid, neither of the said pro- 
prietors, or any tenant or occupant of said mill or mill-dam, shall be 
liable to an}' penalt}' or prosecution whatever, b}' force of any act rel- 
ative to the obstruction of tlie passage of fish up and down said river. 

Sect. 3. Be it further enacted, That the seventh section of an act 
entitled "An Act farther regulating the fishery in the Merrimack 
River, and the streams running into the same," passed the eighteenth 
day of June, one thousand eight hundred and nineteen, be, and the 
same is hereby repealed. — [February 14, 1821. 

1821. 

[1819, 20.] 
An Act to prevent the Destruction of Fish in the Town of Framingham. 

1821, 15. Sect, 1. Be it enacted. That from and after the pass- 
ing of this act, it shall not be lawful for any person to set or use 
more than one hook, at any one time, on any of the ponds or streams 
within the town of Framingham, in the county of Middlesex ; nor 
shall it be lawful for any person or persons to draw any seine or net, 
in any of the ponds or streams in said town ; nor shall it be lawful for 
any person to set any pot or net in any of the streams aforesaid. And 
if any person or persons shall, after the passing of this act, be found 
using or setting more than one hook, at an}' one time, such person or 
persons shall, for each hook so set or used, after the first, forfeit and 
pay a sum not less one dollar ; and if any person or persons shall, 
after the passing of this act draw any seine or net in any of the ponds 
or streams within said town, or shall set any pot or net within any of 
the streams aforesaid, he or they so offending, shall forfeit and pay a 
sum not less than five dollars, and shall forfeit the pot, seine or net 
so used to the use of the said town. 

Sect. 2. Be it further enacted, That all penalties incurred by any 
breach of this act, may be recovered by any person who shall sue for 



INLAND FISHERIES. 177 

the same in any court in said count}' of Middlesex, proper to try the 
snme. And if any minor or minors shall offend against the provi- 
sions of this act, and shall thereby incur any of the penalties aforesaid, 
the parent, master or guardian of such minor or minors shall be 
answerable therefor ; in which case the action shall be commenced 
against such parent, master or guardian (as the case may be) of such 
7ninnr or minors, and judgment rendered accordiugl}' : provided^ how- 
ever, that the inhabitants of said town of Framingham may, at their 
meeting in March or April annnalljs suspend in whole or in part, the 
provisions and restrictions of the act aforesaid, for an}' term of time, 
not exceeding one year. — [June 15, 1821. 

[Sp. Laws, vol. 1, p. 191.] 
An Acr to empower the Proprietors of Flint's Mills, on Ipswich River, to alter the Pas- 
sage for the Fish in the Dam of said Mills. 

1821, 27. Sect. 1. Be it enacted. That the proprietors of Flint's 
mills, in Middleton, in the county of Essex, be, and the}' hereby are 
authorized and empowered to discontinue the way now required by 
law t<; be kept open for the passage of fish through the dam of said 
mills, any law to the contrary notwithstanding : provided, nevertheless, 
that the said proprietors shall cause to be constructed on the southerly 
side of said dam, within six months from and after the passing of this 
act, a good and sufficient passage for the fish, and shall keep the 
same in good repair ; which passage shall be approved and allowed 
by the major part of a committee to be composed of the fish-wardens 
of the towns of Danvers and Middleton, in the county of Essex, and 
the town of Reading in the county of Middlesex. — [June 16, 1821. 

An Act to regulate the Pass-way for Fish in Beaver Brook, in the Town of Dracut. 
1821, 62. Sect. 1. Be it enacted. That instead of the passway 
now required by law to be kept in said brook at the mills owned by 
Artemas Stanley and Sewall Stanley in the town of Dracut, in the 
county of Middlesex, the owners shall be, and hereby are required to 
keep open a passway for the passage of fish called alewives, of the 
following dimensions: beginning at the dam, near the factory floom, 
six feet in width, on a level with the bottom of said floom, and run- 
ning by the side of said floom to the factory wall, then turning and 
running twenty feet down by the side of said dam, three feet and a 
half wide, with stoppers on each side, with a board or plank, to be 
placed across the head of said course, six inches in width, and the 
said head to keep open and in sufficient repair at all times while said 
fish are passing up and down said brook. 

Sect. 2. Be it further enacted, That so long as the owners of said 
mill shall keep open said course and in good repair in the manner 
aforesaid, they shall not be subject to any of the penalties or restric- 



178 LAWS RELATING TO 

tious of ail}' law regulating the passage of fish in the said brook ; and 
no person or persons shall be allowed to take an}' fish in said course, 
or within thirty feet of the same, in any way or manner, under a pen- 
alty of five dollars, to be recovered in an action of debt in any court 
proper to try the same, to be for the use of him or them who may sue 
therefor. — [February 8, 1822. 

[1834, 117.] 

An Act for the preservation and regulation of the Fishery in the Towns of Fairhaven, 
New Bedford, Dartmouth and Westport^ 

1821, 97. Sect. 1. Be it enacted. That from and after the first 
day of March next it shall not be lawful for any person living without 
the jurisdiction of this Commonwealth, to take an^^ lobsters, tautog, 
bass or other fish within the harbors, streams or waters of the towns of 
Fairhaven, New Bedford, Dartmouth and AVestport, for the purpose of 
carrying away from said waters in smacks or vessels owned without 
the Commonwealth, of any size, nor any owned within this Common- 
wealth over fifteen tons ; and any aixl ever}' person offending against 
the provisions of this act shall forfeit and pay the sum of ten dollars 
for every offence, and also forfeit all the fish and lobsters so taken. 

Sect. 2. Be U farther evaded, That the waters and shores of said 
towns of Fairhaven, New Bedford, Dartmouth and Westport shall be 
considered and taken by this act to extend from the line of the state 
of Rhode Island to the line of the county of Plymouth, including all 
the waters, islands and rocks lying within one mile of the main land. 

Sect. 3. Be it further enacted, That all fines and forfeitures that 
may be incurred for offences against this act, shall be one half to him 
or them who may first sue for the same, and the other half to the use 
of the town to which the complainant belongs ; and the said fines and 
forfeitures may be recovered with legal costs of suit, b}' action of debt 
or information, before any justice of the peace for the count}- of Bris- 
tol ; and any person or persons aggrieved at the sentence of the jus- 
tice of the peace, given in pursuance of this act, may appeal therefrom 
to the next court of common pleas, to be holden in the county in 
which judgment may be rendered. — [February 22, 1822. 

[Public Statutes, 91.] 

1822. 

[Sp. Laws, vol. 1, p. 422.] 
An Act in addition to an Act entitled "An Act to regulate the Fishery in Taunton 

Great River." 

1822, 38. Sect. 1. Be it enacted, That from and after the passing 
of this act, it shall not be lawful for the purchaser or purchasers of 
any privilege of catching shad or alewives of any of the towns sit- 
uated on Taunton Great River, to locate the place or places on said 



INLAND FISHERIES. 179 

river for the purpose of catching said fish, or sweep or use seines or 
nets for that purpose, within one liundred rods of the mill-dam latelj' 
erected across said river b_y Samuel Crocker and others, near King's 
Bridge, so called ; anything in the act entitled " An Act to' regulate 
the fishery in Taunton Great River," to which this is an addition, to 
the contrar}' notwithstanding. 

Sect. 2, Be it farther emwted. That it shall not be lawful for the 
said purchaser or purchasers, or an}' other person, to impede, inter- 
rupt, or turn the course of the fish within the distance of one hundred 
rods of the mill-dam aforesaid, for the purpose of taking said fish 
without or beyond that distance. 

Sect 3. Be it further enacted^ That any person duly convicted of 
a breach of the second section of this act, shall forfeit and pa}' the 
sum of fifty dollars for each and every such offence, to be recovered 
and appropriated in the manner provided in the fourth section of the 
act to which this is In addition. — [Januar}' 21, 1823. 

[Sp. Laws, vol. 2, p. 148.] 

An Act to prevent the Destruction of thq Fish called Pickerel or Pike in the Ponds in 

the Towns of Braintree, Canton and Randolph, in the Count}' of Norfolk. 

1S22, 54. Sect. 1. Be it enacted, That from and after the first 
day of March next, it shall not be lawful for an}^ person or persons to 
take any fish called pickerel or pike in any of the ponds called the 
Great Pond in the towns of Braintree and Randolph, and the Little 
Pond in the town of Braintree, and the pond called Ponkapoag in the 
towns of Canton and Randolph, from the first day of Decembe'r to 
the first day of April, in each and every year ; and ever}' person 
ofl[ending, contrary to the true intention and meaning of this act, 
upon conviction thereof before any justice of the peace in the county 
of Norfolk, shall pay a fine of fifty cents for each and every pickerel 
or pike so taken, to and for the use of the person who shall sue for 
the same, together with all legal costs of prosecution : provided, 
nevertheless, that either of the towns of Braintree, Canton or Ran- 
dolph, may, at their annual meetings in the month of March or April, 
suspend the aforesaid act, so far as respects the ponds in their respec- 
tive towns, for the term of one year. 

Sect. 2. Be it farther enacted, That all prosecutions for any viola- 
tions of the provisions of this act shall be instituted within thirty 
days from the time of committing the same. — [January 31, 1823. 

[1832,54; 1837,189; 1840,37.] 

An Act to prevent the Destruction of Fish in the Hoosick River within the Towns of 
Williamstown and Adams. 

1822, 58. Sect. 1. Be it enacted, That from and after the first ^ 

day of May next it shall not be lawful to take or catch any fish with 



180 LAWS RELATING TO 

nets oi\seines in the Hoosick River within the towns of Williamstown 
and Adams ; and every person so offending, contrary to the true int'Mit 
and meaning" of this act, upon conviction thereof before an}' court of 
competent jurisdiction, shall pay a fine of two dollars, one half to the 
complainant and the other half to the town in which such offence is 
committed. 

Sect. 2. Be it further enacted. That the inhabitants of the afore- 
said towns of Williamstown and Adams may, at their annual March 
or April meeting, by a concurrent vote, suspend the operation of the 
prohibitions and restrictions contained in this act, for such term of 
time, not exceeding one year, as to them shall seem expedient: pro- 
vided, however, that the foregoing act shall not be so suspended within 
two years from the passing of the same. — [February 3, 1823. 

[Sp. Laws, vol. l,p. 272.] 

An Act regulating the Catching of Salmon, Shad and Alewives in Merrimack River, at 

the mouth of Shawsheen River in the Town of Andover. 

1822, 75. Sect. 1. Be it enacted, That all the laws heretofore 
made for regulating the catching of salmon, shad and alewives in 
Merrimack River, so far as they go to piCA^ent their being taken at or 
near the mouth of Shawsheen River, in the town of Andover, be and 
the same are hereby repealed. — [February 8, 1823. 

[1832, 56.] 

[1812, 129.] 
An Act relative to the Fishery in the Town of West Cambridge. 

1822, 97. Sect. 1. Be it enacted. That an act passed the 
twenty-second day of February, in the year of our Lord one thousand 
eight hundred and twelve, entitled " An Act to regulate the fishery 
in the town of West Cambridge, and to empower said town to dispose 
of the privilege of taking the fish called shad and alewives within the 
limits thereof," be and the same is hereby repealed. — [February 11, 
1823. 

1823. 

[Sp. Laws, vol. 1, p. 191.] 
An Act for the relief of the Danvers Cotton Factory in Danvers. 

1823, 33. Sect. 1. Be it enacted. That the laws heretofore 
passed relative to alewives in the waters running into Ipswich River 
be and they are hereby repealed, so far as not to require the continu- 
ance of fish-ways at the Danvers Cotton Factory in the town of 
Danvers, or in the stream running thither from Humphrey's Pond. — 
[June 14, 1823. 



INLAND FISHERIES. 181 

[Sp. Laws, vol.2, p. 148.] 
An Act to regulcate the Fishery in Neponsc.t River in the Towns of Dorchester and 

Milton. 

1823, 41. Sect. 1. Be it enacted., Tliat from and after the pass- 
ing of this act, no person or persons shall be allowed to put or draw 
any seine or seines whatever in Neponset River, so far as that river 
forms any part of the' dividing line between the towns of Dorchester 
and Milton, for the taking of fish called smelts and eels; and every 
person who shall presume to take any fish called smelts and eels with 
a seine, from said river, shall incur and pay a penalty of five dollars 
for every such offence. 

Sect. 2. Be it farther enacted^ That no person or persons, 
excepting the inhabitants of the towns of Dorchester and Milton, 
shall be allowed to take from said river, within the limits aforesaid, 
in any way whatsoever, any of the fish called smelts or eels, unless 
by permission of one or more of the selectmen of said towns, and any 
person not an inhabitant of said towns who shall presume to take any 
of said fish unless by such permission, shall incur a penalty of five 
dollars for every offence. 

Sect. 3. Be it further enacted.. That all penalties incurred by a 
breach of this act ma}' be prosecuted and sued for before any justice 
of the peace for the count}' of Norfolk, b}' any of the inhabitants of 
either of said towns, for the use of him or them who shall sue for and 
recover the same. — [June 4, 1823. 

[Sp. Laws, vol. 2, p. 504.] 
An Act more effectually to prevent the Destruction of Shad and Alewives in the Saugus 
River and its Tributary Streams within the Towns of Lynn, Saugus, South Reading 
and Lynnfield. 

1823, 97. Sect. 1. Be it enacted. That the towns of Lynn, Sau- 
gus, South Reading and Lynnfield shall be and they are hereby 
respectivel}' empowered and directed, at their annual meetings for 
the choice of town officers, to choose in each town three persons, 
inhabitants thereof, to see that the laws respecting the passage-ways 
for shad and alewives be observed, and each person so chosen shall 
be sworn to the faithful discharge of his duty. And the said com- 
mittees of said towns shall meet together annually, on or before the 
first day of April, at such time and place as the person first chosen 
by the town of Lynn shall appoint, to be by him duly notified. And 
the major part of those of the said committee who shall be present at 
such meeting, are hereby enopowered and authorized to order the 
times, places and manner in which said fish may be taken in Saugus 
River and streams in each of said towns ; and the members of said 
committee shall have joint and concurrent jurisdiction in each of said 
towns, so far as respects said river and streams. And in case either 



182 LAWS RELATING TO 

of said towns shall neglect to choose the committee assigned to it, 
the committee or committees which shall be duly chosen and sworn 
within the other towns, or either of them, shall have the powers and 
shall perform the duties hereby required ; and the regulations which 
shall be so agreed upon by said committees shall be written and 
posted, in three public places at least, in each of said towns. 

Sect. 2. Be it further enacted^ That the said committees, or the 
majority of the members, not less than three in number, who shall be 
present at any meeting duly notified by the first chosen or eldest 
member of the committee, which shall be chosen in the town of Lynn, 
or by the request of any three members of the said committees, shall 
be and they are hereby authorized and empowered to require of the 
owner or occupant of any dam or sluice-head of any mill erected or that 
ma}' be erected over said river or streams, to open and keep therein 
a sufficient passage-way for said fish at such time, on or after the first 
day of April annually, as the said committees, or the major part of 
them present, as aforesaid, shall think necessar}'^ ; and may also require 
of the owner or occupant of any canal or course whereb}' any natural 
stream is or shall be in part changed or altered, to leave sufficient 
water in the natural stream fur the eas}' and safe passage of the said 
fish ; and upon neglect or refusal of such owner or occupant of any 
dam or sluice-head, or canal, as aforesaid, to corapl}' with this act, the 
said committee, or major part who shall be present at any meting as 
aforesaid, shall and may cause such sufficient passage-way and open- 
ing as they shall judge necessary for the purposes aforesaid, to be 
made in such dam, sluice-head or canal, with least prejudice to the 
owner or occupant, and at his expense. And such passage and open- 
ing shall and may be continued at the discretion of said committee, 
from the time they shall order the same, as aforesaid, and until they 
shall order or permit the closing of the same, not exceeding the fif- 
teenth day of June in every j-ear. And if any person or persons 
shall obstruct the passage-way or opening required or allowed by the 
said committees, or the major part of them, as aforesaid, in an}' dam, 
sluice-head or canal within their jurisdiction, as aforesaid, such offender 
or offenders shall forfeit and pay a sum not exceeding sixty dollars 
nor less than thirty dollars. 

Sect. 3. Be it further enacted, That if any persons shall be found 
taking any of the aforesaid fish on an}' day, or in any place, or in any 
manner contrary to the regulations of the said committees, or of 
otherwise killing and wasting such fish, such offender shall forfeit and 
pay a sum not exceeding two dollars nor less than one dollar for each 
offence. 

Sect. 4. Be it further enacted, That it shall he the duty of the said 
committees, jointly, and of each committee in their respective towns. 



INLAND FISHERIES. • 183 

to see the observance of this act, and the}' shall have authority there- 
for to go upon the land bordering upon the said river or streams, and 
shall not be considered as trespassers therein ; and any person who 
shall molest said committees, or either of them, in the execution of 
their office, or shall injuriously obstruct the said river and streams, 
shall forfeit and pay a sum not exceeding three dollars nor less than 
one dollar, according to the aggravation of the offence. And all fines 
and forfeitures given by this act shall and may be sued for and recov- 
ered b}' action of debt in any court proper to try the same, by the 
said committees or any one of them ; one moiety to the use of the 
prosecutors and the other moiety to the use of the poor of the town 
in which the offence shall happen. 

Sect. 5. Be it farther enacted. That all laws heretofore made for 
regulating the said river and streams in Lynn, Saugus, South Read- 
ing and L^'nnfield, with joint or separate authority, are hereby 
repealed: j^^'ovided, nevertheless, that nothing in this act shall be so 
construed as to affect in an}' way an act passed March third, one 
thousand eight hundred and two, so far as respects the stream leading 
from the Flax Pond and emptying into said Saugus River, or any 
other stream within the said town of Lynn : provided, also, that said 
joint committee shall have no control or jurisdiction over any stream 
within the town of Lynn other than said Saugus River. — [February 
10, 1824. 

An Act to prevent the Destruction of Fish in the Town of Lincoln. 

1823,110. Sect. 1. -Be i7 ewac^ed, That from and after the pass- 
ing of this act, it shall not be lawful for any person to set or use more 
than one hook at any one time on an}^ of the ponds in the town of 
Lincoln, in the count}' of Middlesex, between the first day of Decem- 
ber and the first day of April annually ; and if any person or persons 
shall, after the passing of this act, be found setting or using more 
than one hook at any one time, such person or persons shall, for each 
hook so set or used after the first, forfeit and pay a sum of not less 
than one dollar nor more than two dollars. 

Sect. 2. Be it further enacted, That all penalties incurred by any 
breach of this act, may be recovered by any person Avho shall sue for 
the same in any court in said county of Middlesex, proper to try the 
same, and if any minor or minors shall offend against the provisions 
of this act, and shall thereby incur any of the penalties aforesaid, the 
parent, master or guardian of such minor or minors shall be answer- 
able therefor, in which case the action shall be connnenced against 
such parent, master or guardian (as the case may be) of such minor 
or minors, and judgment remlercd accordingly : jyrovided, however, 
that the inhabitants of the said town of Lin(;oln may, at their meeting 



184 LAWS RELATING TO 

in March or April annually, suspend in whole or in part the provis- 
ions and restrictions of the act aforesaid, for any term of time not 
exceeding one year. — [February 16, 1824. 



An Act to authorize Thomas Manning to erect a Dam across Ipswich River. 
1823,136. Sect. 1. * * * provided, however, ihe said Thomas 
Manning, his heirs and assigns shall make and keep open through said 
dam a passage-way for the fish to pass up said river or stream, of the 
dimensions, and constructed in the same manner and subject to the 
same rules and penalties as is provided by an act passed March 
twenty-eighth, one thousand seven hundred and eighty-eight, and the 
acts in addition thereto, to prevent the destruction of alewives and 
other fish in said Ipswich River. — [February 21, 1824. 

1824. 

An Act to preserve the Eel Fishery and to prevent the wilful destruction of Oysters and 
all other shell fish in the town of Harwich. 

1824, 66. Sect. 1. Be it enacted, That from and after the date 
of this act, no fisherman or any other person shall take from the 
waters within the town of Harwich, any eels without a permit from 
the selectmen of said town, under a penalty of three dollars for each 
bushel of fish so taken. 

Sect. 2. Be it further enacted, That to prevent the destruction of 
oysters and all other shell fish within the waters belonging to the said 
town of Harwich, that all the provisions, fines, forfeitures, penalties, 
seizures and appropriations, prescribed and contained in an act passed 
in the year of our Lord seventeen hundred and ninety-six, entitled^ 
" An Act to prevent the destruction of oysters and other shell fish in 
this Commonwealth," and also the several acts in addition thereto, so 
far as they may be applicable to the purposes of this act, be, and the^^ 
are hereby extended to the said town of Harwich. — [February 12, 
1825. 

[Sp. Laws, vol. 1, p. 313; 1815, 111.] 
An Act regulating the taking of Fish in the Town of Bridgewater, in the County of 

Plymouth. 

1824, 76. Sect. 1. Be it enacted, That from and after the first 
day of June next, it shall be lawful for the town of Bridgewater to 
catch the fish called shad and alewives in Titicut River, so called, 
which forms the boundary line between the said town of Bridgewater 
and the town of Middleborough, with a seine or net, and for that pur- 
pose they may sell at public auction for their own benefit, the privi- 
lege of catching said fish in said river, with one seine or net only, 
fifteen rods in length, four days in e:ich week, between the fifteenth 
day of March and the first day of June in each year, to commence 



INLAND FISHERIES. 185 

at four o'clock on Monday morning and to end at four o'clock 
on Friday morning, anything in any law of this Commonwealth, 
now existing, to the contrary notwithstanding : provided, that the 
said town of Bridgewaler shall, at a legal meeting, between the 
first day of September and the last day of December in each year, 
dispose and make sale of at public auction for the next year, and so 
on from year to j^ear, their privilege of catching shad or alewives with 
a seine or net, in the river aforesaid, for the time aforesaid, to such 
person or persons as shall offer the most for the same, and give suffi- 
cient security for the payment of the purchase money at such time 
and in such manner as the said town shall order : provided, also, that 
it shall not be lawful for said town or the purchaser of said privilege, 
to catch the fish aforesaid, within sevent3^-five rods of the dam across 
said river, known by the name of Pratt's Dam. 

Sect. 2. Be it further enacted, That the purchaser or purchasers 
of said privilege shall select the place where he or thej^ intend to use 
his or their seine or net, for the purpose of catching shad and ale- 
wives, and shall file a certificate thereof with the clerk of the town of 
Bridgewater, on or before the first day of March in each year ; and no 
purchaser of the privilege aforesaid shall make use of a seine or net 
for the purpose aforesaid, at any other place in said river than the 
place so selected and certified as aforesaid, during the time aforesaid. 

Sect. 3. Be it further enacted, That if any person or persons shall, 
at any time or place other than those admitted by this act, catch or 
destroy the fish aforesaid, in said Titicut River, he or the}' shall for- 
feit and pay a sum not exceeding twenty dollars nor less than five 
dollars, to be recovered by indictment, complaint or action of debt, in 
any court proper to trj' the same, one half to the use of the said town 
of Bridgewater, and the other half to him who shall sue or prosecute 
the same : 2^'>'ovided, that in all prosecutions for any violation of this 
act, by the fish-inspectors, or an}' other inhabitant of the town of Mid- 
dleborough, one half of the penalt}^ shall accrue to that town, instead 
of the town of Bridgewater. 

Sect. 4. Be it further enacted. That said town of Bridgewater 
shall, at their annual meeting in the month of March or April in each 
year, choose four or more persons, being freeholders in said town, whose 
duty it shall be to see that this act be duly observed and to prosecute 
for all breaches thereof; and each person so chosen shall be sworn to 
the faithful discharge of his duty, and if any person so chosen shall 
refuse to serve, he shall forfeit and pay to the use of the town of 
Bridgewater the sum of five dollars, to be sued for and recovered by 
the town clerk of said town, and said town shall immediately proceed 
to a new choice. — [February 15, 1825. 

[1825, 74.] 



186 LAWS RELATING TO 

An Act for the regulation and preservation of the Fishery in the Towns of Edgarton, 
Chilmark and Tisbury. 

1824, 94. Sect. 1. Be it enacted^ That from and after the first 
day of March next, it shall not be lawful for an}^ person living with- 
out the jurisdiction of this Commonwealth, to take an}'^ lobsters, 
tautog, bass or other fish within the harbors, inlets, coves or waters 
of the towns of Edgarton, Chilmark and Tisbury, for the purpose of 
carrying them awa}^ from said waters, in smacks or vessels owned 
within this Commonwealth over fifteen tons ; and any and every per- 
son offending against the provisions of this act, shall forfeit and pay 
the sum of ten dollars for every offence and also forfeit all the fish and 
lobsters so taken. 

Sect. 2. Be it further enacted, That the waters and shores of the 
said towns of Edgarton, Chilmark, and Tisbury shall be considered 
and taken by this act to extend from the whole county of Dukes to 
all the waters and rocks lying within one mile of the said county. 

Sect. 3. Be it farther enacted, That all fines and forfeitures that 
may be incurred for offences against this act shall be one half to him 
or them who maj- first sue for the same and the other half to the use 
of the town to which the complainant belongs ; and the said fines and 
forfeitures may be recovered, with legal costs of suit, by action of 
debt or information, before an}- justice of the peace for the county of 
Dukes ; and any person or persons aggrieved at the sentence of the 
justice of the peace given in pursuance of this act, may appeal there- 
from to the next court of common pleas, to be holden in the county in 
which judgment may be rendered. — [February 22, 1825. 

[1829, 84 ; 1847, 40.] 

[Sp. Laws, vol. 1, p. 191 ; 1810, 117.] 
An Act to regulate the Fishery in Ipswich River within the Town of Ipswich. 

1824,101. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act it shall be lawful for the inhabitants of the town of 
Ipswich to sell and dispose of the right of taking the fish called shad 
and alewives with seines or drag-nets in Ipswich River, within the 
limits of said town, one day in each week, according to the provis- 
ions of an act concerning said fishery, passed on the twenty-third day 
of February-, in the year of our Lord one thousand eight hundred and 
eleven, at such place as the fish committee of said town shall direct, 
the proceeds of such sale to be applied according to the directions of 
said town at their annual meetings. 

Sect. 2. Be it furtli&r enacted. That any person other than the 
purchaser or purchasers of the aforesaid right, or those employed b}' 
them, who shall take any of said fish in Ipswich River, within said 
town, with seines or drag-nets, shall forfeit and pay a sum not less 



INLAND FISHERIES. 187 

than ten dollars and not exceeding twenty dollars, for each offence, 
to be recovered by an action of debt in any court proper to tr}' the 
same, one half thereof to the use of the said town of Ipswich and the 
other half to him or them who shall sue for the same. — [February 
24, 1825. 

[Sp. Laws, vol. 1, p. 166.] 
An Act in addition to an Act entitled " An Act to prevent the Destruction and to regu- 
late the Catching of the Fish called Alewives, in their passage up the Rivers and 
Streams in the Town of Harwich in the County of Barnstable." 

1824, 107. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, it shall not be lawful for any person or persons to 
catch, b}^ seining thereof, any of the fish called alewives within one 
mile of the river called Herring River, in the town of Harwich afore- 
said. 

Sect. 2. Be it farther enacted, That if any person or persons 

shall violate the provisions of this act, each person so offending, for 

each and every such offence shall, on conviction thereof, pay a fine 

not exceeding three dollars nor less than one dollar, if the quantity of 

fish is less than one barrel ; but if the quantity shall be one barrel or 

more, such person or persons so offending shall forfeit and pay for 

each and every barrel of fish so taken, the sum of three dollars. 

Sect. 3. Be it further enacted, That any penalties incurred b}- any 

breach of this act shall be recovered and appropriated in the manner 

prescribed by the act to which this is in addition, for the recovery and 

appropriation of the penalties incurred under the provisions of that 

act. — [February 24, 1825. 

[1850, 148.] 

1825. 

[Sp. Laws, vol. 2, p. 434.] 

An Act in addition to an Act entitled " An Act for the regulating and disposing of the 
Fish called Alewives within the limits of the Town of Weymouth, and for the more 
elTectually securing to the said Town the advantages thereof." 

1825, 48. Whereas an agreement has been entered into between 
the proprietors of the falls and water privileges on Alewive River, 
and the town of Weymouth, for the removal of the objections which 
exist in the minds of said proprietors under the act to which this is in 
addition, to the use of their water power for manufacturing purposes ; 
in pursuance of said agreement : 

Sect. 1 . Be it enacted, That the proprietors of the water-falls and 
mill privileges on Alewive River in AVe^Miiouth, be and the}^ are hereby 
authorized and empowered to erect proper fish-ways which shall be 
satisfactory to commissioners to be a[)pointed as is hereinafter pro- 
vided, and said commissioners, when thus appointed, shall have full 
power to settle difliculties which may arise between the town and said 



188 LAWS RELATING TO 

proprietors, on the complaint of either party, and the cost of such 
meeting shall be awarded to either party by the commissioners. 

Sect. 2. Be it further enacted^ That his excellency the governor, 
with advice of council, be and he is hereby authorized and empowered 
to appoint three suitable persons to be commissioners for the purposes 
aforesaid. And it shall be the dut}' of said commissioners when any 
complaint is filed by either party, to give reasonable notice to the 
other part}' of the time and place fixed for enquiring into and deciding 
on the same, and in case of disagreement, the decision of any two of 
said commissioners shall be final. 

Sect. 3. Be it further enacted. That when any obstruction shall 
be made to the passage of said fish into Whitman's Pond, and repass- 
ing from thence to the sea, instead of the fish committee appointed by 
said town having power, as is provided by the act to which this is in 
addition, to enter the land of any person or persons for the purpose 
of removing such obstructions, it shall be the duty of said com,mittee 
to make complaints thereof to the commissioners aforesaid, who shall 
proceed to consider, examine and decide upon the same, according to 
the provisions of this act. 

Sect. 4. And he it further enacted. That such parts of the act to 
which this is in addition as is inconsistent with the provisions of this 
act, be and the same is hereb}- repealed. — [June 18, 1825. 

[Sp. Laws, vol. 2, p. 222.] 
An Act for the preservation and regulation of the Fishery in the Town of Falmouth. 

1825,63. Sect. 1. Be it enacted, That from and after the first 
day of March next, it shall not be lawful for any person living with- 
out the jurisdiction of this Commonwealth to take any lobsters, 
tautog, bass or other fish within the harbors, inlets, coves or waters 
of the town of Falmouth, for the purpose of carrying them away 
from said waters in smacks or vessels owned without the Common- 
wealth, of an}' size, nor any owned within this Commonwealth over 
fifteen tons ; and any and every person offending against the provis- 
ions of this act shall forfeit and pay the sum of ten dollars for ever}' 
offence, and also forfeit all the fish and lobsters so taken, or the value 
thereof. 

Sect. 2. Be it further enacted, That the waters and shores of said 
town of Falmouth shall be considered and taken by this act to extend 
from the shores of said Falmouth, including all the waters, islands and 
rocks lying within one mile of the main land. 

Sect. 3. Be it further enacted. That all fines and forfeitures 
which may be incurred for offences against this act shall be one half to 
him or thom who may first sue for the same, and the other half to the 
use of the town to which the complainant belongs ;. and the said fines 



INLAND FISHERIES. 189 

and forfeitures ma}' be recoverable, with legal costs of suit, by action 
of debt or infuruialiou, before any justice of the peace for the couut}^ 
of Barnstable ; and any person or persons aggrieved by the sentence 
of the justice of the peace, given in pursuance of this act, may appeal 
therefrom to the next court of common pleas, to be holden iu the 
county in which judgment may be rendered, — [February 15, 1826. 

[1824, 76.] 

An Act in addition to an Act entitled "An Act regulating the Taking of Fisli in the 

Town of Bridgewater, in the County of Plymouth." 

1825, 74. Sect. 1. Beit enacted^ That from and after the pass- 
ing of this act it shall not be lawful for the town of Bridgewater, or 
the inhabitants thereof, to catch the fish called shad and alewives in 
Titicut River, so called, which forms the boundary line between the 
said town of Bridgewater and the town of Middleborongh, below the 
point where Newmasket River empties into the said Titicut River, or 
within twenty rods above that point, an3^thing in the act to which this 
is in addition to the contrary notwithstanding. — [February 15, 1826. 

[Sp. Laws, vol. 1, p. 191.] 
An Act to regulate the Passage- Ways for Fish in Ipswich River, within the Town of 

Ipswich. 

1825, 78. Sect, 1. Be it enacted. That instead of the passage- 
waj's now required by law to be kept open at Warner's mill-dam and 
the dam at Farley's mill, in Ipswich, the owners of said dams, their 
successors and assigns, shall make and continue in good repair a fish- 
way over said dams, at the northerly end of the same, of the following- 
description and dimensions : said fish-wa3'S to be made either with wood 
or stone, beginning at the top of the dams, five feet in width and one 
foot in depth, and to admit of not less than six inches of water over 
the dam into said ways, and thence running down stream twent}' feet, 
and terminating at seven feet in width, with stoppers on each side, of 
plank or stone, running not more than half way across said passage- 
ways, within two feet of each other ; and said head shall be kept open 
and in good repair at all times from the tenth day of April to the first 
day of June in each year. 

Sect. 2. Be it Jtirther enacted, That so long as the owners of 
said dams shall keep open said course or passage-wa3's, and in good 
repair, in manner aforesaid, the}' shall not be subject to an}' of the 
penalties or restrictions of any law regulating the passage of fish in 
Ipswich 'River. — [February 15, 1826, 

[1829, 40.] 



190 LAWS RELATING TO 

An Act to authorize Josiah Robbins to erect and maintain certain Tide-Gates in the 

Town of Plymouth. 

1825, 108. Sect. 2. * * * Provided, however, that nothing 

in this act contained shall be deemed to affect any law or laws now in 

force, or which ma}' hereafter be made, relating to the fisheries in said 

town brook, nor the right or rights of any person or corporation in 

relation to said fisheries- 

An Act in addition to an Act entitled " An Act to prevent the Destruction of Pickerel 
in the Ponds and Streams within this Commonwealth." 

1825, 127. Sect. 1. Be it enacted. That from and after the pass- 
ing of this act it shall not be lawful for any person or persons to take 
any fish called pickerel in any of the ponds, rivers or streams within 
this Commonwealth, from the first day of December to the first da}' of 
April in each and every year ; and ever}' person off"ending contrary to 
the true intent of this act, upon conviction thereof before any court 
within this Commonwealth proper to try the same, shall pay a fine of 
fifty cents for each and every pickerel so taken, to and for the use of 
the person who shall sue for the same, together with all legal costs 
of prosecution. 

Sect. 2. Be it further enacted, That all penalties incurred by any 
breach of this act may be recovered by any person who shall sue for 
the same, in any court aforesaid ; and if any minor or minors shall 
offend against the provisions of this act, and shall thereby incur any 
of the penalties aforesaid, the parent, master or guardian of such 
minor or minors shall be answerable therefor, in which case the action 
shall be commenced against such parent, master or guardian, as the 
case may be, of such minor or minors, and judgment rendered accord- 
ingly : provided, nevertheless, that the inhabitants of any of the towns 
within this Commonwealth may, at their annual meeting in the month 
of March or April, suspend in whole or in part the provisions and 
I'estrictions of the aforesaid act, so far as respects the taking of pick- 
erel in the ponds, rivers or streams within their respective towns, for 
any term of time not exceeding one year. 

Sect. 3. Be it further enacted, That all prosecutions for any vio- 
lation of the provisions of this act shall be instituted within thirty 
days from the time of committing the same. — [Februar}' 26, 1826. 

1826. 

An Act to prevent the Destruction of Fish in the Harbour of Edgartown, by Seining 

thereof. 

1826, 54. Sect. 1. Be it enacted, That from and after the 
passing of this act it shall not be lawful for any person or persons to 
catch, by seining thereof or by the use of nets, any fish in the bays, 
waters, harbours, creeks or arms of the sea within the boundaries of 



INLAND FISHERIES. 191 

the town of Edgartown, excepting English herring, menhaden and 
mackerel : provided, however, that this act shall not have force or 
effect to restrain the taking of fish in the manner aforesaid, in an}' 
place more than one mile from the limits of said town, nor within the 
limits of the harbor of Holmes' Hole. 

Sect. 2. Be it further enacted, That if an}- person or persons shall vio- 
late the provisions of this act, each person so offending, for each and 
every such offence, shall, on conviction thereof, pay a fine not exceed- 
ing ten dollars nor less than one dollar, if the quantit}' of fish so 
taken is less than one barrel, but if the quantit}- shall be one barrel 
or more, such person or persons so offending shall forfeit and pay for 
each and ever}^ barrel of fish so taken, the sum of five dollars. 

Sect, 3. Be it further enacted, That all forfeitures and fines which 
shall be incurred by virtue of this act shall be recovered, the one half 
to the use of him or them who shall first sue for the same, and the 
other half to the use of the town of Edgartown, with legal costs of 
suit, by action of debt in an}' court proper to tr}^ the same. — [Feb- 
ruary 3, 1827. 

[1851, 77 ; 1856, 285.] . 

[8p. Laws, vol. 2, p. 224; 1814, 162; 1815, 56.] 

An Act to unite the Watertown and Brighton Fisheries in Charles River, and for the 

Regulation and Management thereof. 

1826, 7G. Sect. 1. Be it enacted. That the several fisheries 
described in an act made and passed on the first day of March, in the 
3'ear of our Lord one thousand eight hundred and fifteen, entitled 
"An Act to regulate the shad and alewive fishery in the town of 
Brighton," and an act made and passed the third day of Februar}-, in 
the year of our Lord one thousand eight hundred and eighteen [six- 
teen'], entitled " An Act to regulate the shad and alewive fishery in the 
town of Watertown," shall be . united and hereafter constitute one 
fishery ; and the right, franchise and property of said fisheries thus 
united shall belong to and be owned by said towns, in the propor- 
tions following, that is to say : seven tenth parts thereof b}' the town 
of Watertown, and three tenth parts thereof by the town of Brighton. 

Sect. 2, Be it further enacted. That for the well ordering and 
good management of said fishery, there shall, as soon after the pass- 
ing of this act as may be, and thereafter annually in the month of 
January, be appointed by the selectmen of the town of AVatertown for 
the time being, three discreet and disinterested inhabitants of that 
town, and by the selectmen of Brighton two of their inhabitants of 
like character, who shall continue in oflSce for the space of one ^ear 
from the date of their appointment, and until others shall be appointed 
in their places, but subject to removal at an}' time by the respective 
selectmen of said towns, and they shall be denominated the fish- wardens 



192 LAWS RELATING TO 

of Charles River, and shall have power to use and occupy the said 
fishery by cnu«ing all such fish as pass into or are found in said river 
within the limits of said towns of Brighton and Watertown, to be taken at 
such times, in such manner, with such seines, nets, utensils and ma- 
chinery, and by such persons, agents or servants as the}' may see fit to 
employ for that purpose ; or they may lease and farm out by public or 
private sale, for one or more years, not exceeding five years in any one 
contract, the said fisher^-, entire or by parcels, as they ma}' consider will 
be most advantageous for their respective towns ; and each of said towns 
shall provide the same place or places where the fish have heretofore 
been taken on the margin of said river, within their respective limits, 
to be used at all times for landing and drawing the fish to shore, as 
occasion ma}^ require : but said fish-wardens shall not have the right 
or power of taking any of the fish called shad and alewives, or to 
authorize an}^ other person to tak€ them on more than three days in 
any one week. 

Sect. 3. Be it further enacted, That it shall be the duty of said 
fish-wardens immediately upon the receipt of any monies arising from 
the management, rent or sales of said fishery, after deducting there- 
from such sums as the}' may have necessarily expended in conducting 
said business, to pay over the same to the respective treasurers of 
said towns, in the proportions aforesaid, taking their receipts for the 
same ; and in the month of December annually, they shall make up 
their accounts, with a full and fair report of their proceedings in the 
premises, and deliver one set to the selectmen of each town, to be 
examined, allowed and passed by them ; and the said fish-wardens 
shall ])e entitled to such compensation as their respective towns 
employing them may see fit to allow them ; and the acts and doings 
of any three of said fish-wardens, when the whole have been notified, 
shall be binding and as valid in law as if all five had acted and con- 
curred therein. 

Sect. 4. Be it further enacted^ That if any person shall cast or 
put into the waters of Charles River, within the limits of the towns of 
Watertown and Brighton, any seine, net or other machine or instru- 
ment whatever (other than a hook and line, as is commonly used for 
taking small fish), for the purpose or with a design to take or in any 
manner destroy any of the fish therein, or prevent their free passage 
up and down, along or across said river or any part thereof, without 
license first had from said fish-wardens, he or she so ofl[ending, shall 
forfeit and pay for each oflfence, a sum not less than twenty dollars 
nor more than forty dollars, according to the nature and aggravation 
of the offence. 

Sect. 5. Be it further enacted, That if any person shall take, kill 
or destroy any fish within the limits of the said towns of Watertown 



INLAND FISHERIES. 193 

and Brighton, without license from the fish-wardens of Charles River 
(except the taking them wiili hook and line as aforesaid), ever}- per- 
son so offending shall forfeit and pay for every fish killed, taken or 
destroyed the sum of thirtj' cents. 

Sect. G. Be it further enacted, That all fines and forfeitures which 
may be incurred by any breach of this act, shall enure and be to the 
use of the respective towns of Watertown and Brighton, in the pro- 
portions herein before stated ; that is to say, seven tenth parts thereof 
to the use of the town of Brighton, and shall and may be recovered 
on complaint before any justice of the peace, where the penalty does 
not exceed twent}" dollars, or by indictment before the supreme judi- 
cial court or court of common pleas, or the same may be recovered by 
action of the case before any court proper to try the same, in a suit 
in the name of the fish-wardens of Charles River, for the uses afore- 
said ; and the death of any warden shall not be deemed an abate- 
ment of an}' suit or process, but the same ma}' proceed to final 
judgment and execution in the name of said wardens. 

Sect. 7. Be it further enacted., That all acts and parts of acts 
inconsistent with, or contravening any of the provisions of this act, 
be and the same are hereby repealed : provided, however, that the pro- 
visions of this act shall be always subject to the revision, control, 
-amendment or repeal of the legislature. — [February 21, 1827. 

Ax Act to prevent the Taking of Fish by seines or net in Congamon Ponds in South- 

wiclt. 

1826, 85. Sect. 1. Be it enacted, That from and after the passing 

of this act, it shall not be lawful for any person or persons to catch 

any fish with seines or nets, in the Congamon Ponds in Southwick, 

and if an}' person or persons shall catch any fish with a seine or net 

in the ponds aforesaid, he or they shall forfeit a sum not less than 

five dollars nor more than twenty dollars for each and every such 

offence, to be recovered by an action of debt to the use of him or them 

who shall sue for the same. — [February 23, 1827. 

[1813, 147.] 
Ax Act to reguhite the Fisherj' in Aggawam or Westfield River. 

1826, 100. Sect. 1. Be it enacted, That from and after the pass- 
ing of this act, any person or persons who shall draw a seine or drag 
a net within thirty rods of the dam or race-way at White's Mills (so 
called), on Aggawam Rivor, in the town of West Springfield, for the 
purpose of catching shal, alewives or other fish, shall for each and 
every such offence, forfeit and pay the sum of five dollars, and shall 
also forfeit the boat and seine employed for such purpose. 

Sect. 2. Be it further enacted, That if any person or persons shall 
set any pot, nets, weir or hurdle, within thirty rods of said dam or 



194 LAWS RELATING TO 

race-way, for the purpose of taking fish of an}' kind, he or Ihey shall 
for each and every such offence severally forfeit and pay the sura of 
five dollars for ever}' twelve hours said pots, nets, weir or hurdle shall 
be placed in said river, and in proportion for a greater or less time. 

Sect. 3. Be it further enacted. That if an}' person or persons shall 
in any other way obstruct the free passage of fish through said race- 
way, between the fifteenth day of April and the first day of June, he 
shall forfeit and pay for every such offence the sum of five dollars. 

Sect. 4. Be it furlher enacted. That all the fines and forfeitures 
incurred by a breach of this act, may be recovered in an action of 
debt by any person who shall sue for the same before any justice of 
the peace within the county of Hampden. 

Sect. 5. Be it fartlipr enacted. That all laws heretofore made reg- 
ulating the fishery at White's Mills, on Aggawam River, be and the 
same are hereby repealed. — [March 3. 1827. 

[1839, 19 ] 

1828. 

[1815, 43.] 
An Act further to regulate the Shad and Alewive Fishery in the Town of Maiden. 

1828, 129. Sect. 1. Be it enacted. That from and after the pass- 
ing of this act it shall and may be lawful for the inhabitants of the 
town of Maiden in the county of Middlesex, at any legal meeting to 
be holden for that purpose, in each year, to sell at public auction the 
right and privilege of taking the fish called shad and alewives within 
the limits of said town, with one seine or drag-net only, on two of the 
days only in each week on which it is now lawful to take said fish in 
said town, and all monies arising from the sale of said right and priv- 
ilege shall be paid into the treasury of said town, and be appropriated 
to the support of the poor thereof. 

Sect. 2. Be it further enacted^ That if the purchaser or purchasers 
of the said right and privilege, or those employed by them, shall pre- 
sume to take any of the said fish with more than one seine or drag- 
net, on any other than two of the days in each week on which it i& 
lawful to take said fish in said town, and if any other person or per- 
sons whatever shall at any time take any of the said fish with a seine 
or drag-net within the limits of said town, every person so offending 
shall, for each offence, forfeit and pay a sum not exceeding twenty 
dollars nor less than ten dollars, to be recovered by an action of debt 
in any court proper to try the same, one half to the use of said town of 
Maiden, and the other half to him or them who shall sue for the same : 
provided, however, that nothing contained in this act shall be so con- 
strued as to prevent any inhabitant of said town from taking said fish 
with dip-nets as has been heretofore their custom. — [March 3, 1829» 



INLAND FISHERIES. 195 

1829. 

[Sp. Laws, vol l,p. 191] 
An Act in addition to the Acts to prevent the Destruction, provide a Passage and regu- 
late the Taking of Alewives and otlier Fish in Ipswich River. 

1829, 40. Sect. 1. Be it enacted, That instead of the passage- 
wa3's now required by law for the fish to pass Warner's Dam and Far- 
ley's Dam in Ipswich, the owners of the said dams, their successors 
and assigns, shall make and keep in good repair, a fish-waj' at the 
northerly end of each of said dams, of the following dimensions and 
description : the said fish-ways shall be constructed of solid stone 
work, and shall form an inclined plane running down stream twenty 
feet, and shall be five feet wide at the bottom of the same ; at the top 
of said wa3's there shall be an opening in the said dams of six feet in 
width, and not less than eight inches in depth below the top of the 
cap-piece of each of said dams, and the top of the said ways shall bo 
on a level with the bottom of the said opening in said dams, and there 
shall be a curb of not less than eighteen inches in height on each side 
of the said ways, at the termination of which a channel shall be made 
of at least one foot in depth and five feet in width communicating with 
the channel of the river, and the said waj's shall be kept open and in 
good repair at all times from the tenth day of April to the first day of 
June in each year. 

vSect. 2. Be it further enacted., That each and every person who 
shall, from and after the tenth da}' of April to the first day of June, 
annually, take an}' of the fish called shad or alewives, in said river or 
in any part of the streams running into the same except on Monday 
and Wednesday of each week during said term, shall forfeit and pay 
for everv such offence the sum of five dollars, to be recovered by 
action of debt in any court proper to try the same, to the sole use of 
him who ma}' sue for said forfeiture. 

Sect. 3. Be it further enacted, That so long as the owners of the 
said dams, their successors and assigns, shall keep open the said 
courses or passage-ways and in good repair, in manner as aforesaid, 
they shall not be subject to the penalties or restrictions provided in 
the first section of an act passed March twenty-eighth, one thousand 
seven hundred and eighty-eight, entitled " An Act to prevent the 
destruction of alewives and other fish in Ipswich River, and to encour- 
age the increase of the same." This act to be in force from and after 
the first day of July next.— [February 10, 1830. 



196 LAWS RELATING TO 

[Sp. Laws, vol. 1, pp. 180, 247.] 
Ax Act for tlic Preservation and Taking of Shad in Mattapoisett River in the Town of 

Tioc'liester. 

1829, 41. Sect. ]. Be it enacted. That the penalties, remedies, 
provisions and laws, enacted and now in force, for the preservation 
of the fish called alewives in Mattapoisett River in Rochester, in 
the count}' of PI3 mouth, and for the regulating the taking the said 
fish in said river, be and the same are hereb}' extended to shad in 
said river and the ponds from which said river issues. — [February 
10, 1830. 

[Sp. Lawp, vol. 1, p. 422.] 

Ax Act to regulate the Passage-Way for Fish at the Dam across Taunton Great River, 

in the Count}' of Bristol, at a place called King's Bridge. 

1829, 65. Sect. 1. Be it enacted^ That the proprietors of the 
mills and dam at King's bridge, on Taunton Great River, in the county 
of Bristol, shall construct and keep open at their said dam a conven- 
ient way for the passage of such fish as usually pass up the same river, 
in their proper season, which passage-way shall be of such dimensions 
and constructed and regulated in such manner as shall be prescribed 
and directed by the selectmen of the town of Bridge water, in the 
county of Plymouth, or the major part of them, who are herel\y ap- 
pointed a committee for this purpose, in pursuance of the agreement 
of the said proprietors and the town of Middleborough, in the county 
of Plymouth, the said town of Middleborough being the only town 
interested in the fishery in said river above said dam ; and the said 
selectmen of Bridgewater, or the major part of them, shall, from time 
to time, on the application of said town of Middleborough, or of said 
proprietors, and at the expense of said town of Middleborough, or of 
said proprietors, as the said selectmen of Bridgewater shall adjudge, 
repair to said dam and order and direct such alterations to be made in 
said fish- way, and in the regulation of the water, as to them shall ap- 
pear to be proper, taking into ccmsideration the interest of said pro- 
prietors as well as the importance of providing a convenient way for 
the passage of the fish ; and all such alterations as ma^' be ordered 
and directed as aforesaid shall be made b}' said proprietors within 
such time as said selectmen shall order. 

Sect. 2. Be it further enacted. That so long as the said proprie- 
tors or owners of said mills and dam shall keep open during the 
proper season of the passing up of said fish a passage-waj' so con- 
structed and regulated as aforesaid, the}- shall not, nor shall either of 
them, nor their tenants, nor the occupants of said mills and dam, be 
subject to the penalties of any act regulating the fishery in said river, 
nor to any action, prosecution or penalty under an^- law requiring a 



INLAND FISHERIES. 197 

passage-waj- for the fish to be constructed and maintained at said 
dam. — [March 3, 18.30. 

An Act to prevent the Destruction of Trout in Russell Pond, in the Town of Russell. 
1829, 74. Sect. 1. Be it enacted. That an}' person who shall 
take or kill any trout in Russell Pond, in the town of Russell, at an}' 
time between the first day of October and tlie first day of January 
hereafter, shall forfeit and pay the sura of one dollar for each trout 
so killed or taken, to be recovered in an action of debt, in any court 
proper to try the same, in the name and to the use of the person who 
ma}' first sue therefor. — [March 8, 1830. 

[1824, 94.] 
An Act to prevent the Destruction of Fish by Seining in tlie Waters of Tisbury. 

1829, 84. Sect. 1. Be it enacteri. That from and after the pass- 
ing of this act it shall not be lawful for any person or persons to catch 
by seining thereof, or by the use of any nets (excepting dip-nets) , 
any fish in the waters of the Lagoon and Chappaqnansett ponds, in 
the town of Tisbury, or the creeks or shores adjoining said ponds, or 
Holmes' Hole harbor, excepting English herring, menhaden and mack- 
erel : provided, that this act shall not have force or effect to restrain 
the taking of fish in the manner aforesaid, in any place more than one 
mile from the shores adjoining said pond, excepting Holmes' Hole 
harbor. 

Sect. 2. Be it further enacted, Tliat if any person or persons shall 
violate the provisions of this act, each person so offending shall -for- 
feit and pay, on conviction thereof, for each and every such offence, a 
fine not exceeding ten dollars nor less than one dollar, if the quantity 
of fish so taken be less than one barrel ; but if the quantity shall be 
one barrel or more, such person or persons so offending shall forfeit 
and pay for every barrel of fish so taken the sum of five dollars. 

Sect. 3. Be it farther enacted, That all fines and forfeitures which 
shall be incurred by virtue of this act shall be recovered in an action 
of debt, in any court proper to try the same, by any person who shall 
first sue therefor; one half thereof to the use of the complainant, the 
other to the use of Tisbury. — [March 8, 1830. 

[1847, 40.] 

1831. 

An Act to prevent the Destruction of Fish by Cocculus Indicus or other Poisonous 

Articles. 

1831, 43. Sect. 1. Be it enacted. That from and after the fir.st 
day of April next, no person shall put, cast or throw into any of the 
waters of this Commonwealth, for the purpose of taking or destroying 
any fish being in any of said waters any of the Cocculus Indicus (oth-^ 



198 LAWS RELATING TO 

erwise called Indian Beny or Indian Cockle) or any other poisonous 
article, whether the same be mixed with anj- other substance or not, 
on pain that every person so offending shall forfeit and pa}- the sum 
often dollars for every such offence, to be recovered by complaint to 
any justice of the peace in the name and to the use of the Common- 
wealth, or b}^ an action of debt before any such justice, in which case 
one moiety of said forfeiture shall enure to the use of the plaintiff and 
the other moiety thereof to the use of the Commonwealth. — [Feb- 
ruary 16, 1831. 

[P. S. 91, ^ 44.] 

An Act to incorporate the Skinnaquits Fishing Company, in Harwich and Chatham. 

1831, 73. Sect. 1. Be it enacted, That Sylvanus Eldridge, Kim- 
ball Eldridge, Amasa Nickerson, Levi Eldridge, Zephaniah Nickerson, 
Jonathan Small, Elijah Eldridge, Darius Weeks and James Long and 
their associates, successors and assigns, be and they are hereby incor- 
porated and made a body politic, for the purpose of making the 
necessar}' improvements for the preservation and taking of fish called 
alewives, in Red River and Skinnaquits Stream in the towns of Har- 
wich and Chatham. And it shall be lawful for said corporation to 
hold a meeting annually, on the first Tuesday of April, for the purpose 
of choosing a clerk, treasurer, assessors and a collector ; and three 
or more persons, being members of said corporation, to inspect, regu- 
late, take care of and govern said fishery, who shall be sworn to the 
faithful discharge of their duty ; and said committee shall have full 
power and authoritj' to determine upon the rules and regulations to be 
observed in the taking of said fish, and to fix in what time and what 
places the same shall be taken and the prices that shall be paid 
therefor. 

Sect. 2. Be it further enacted, That if any j)erson shall take any 
of said fish from said river or stream within the said towns, at an}- 
tirae or place than such as shall be fixed b}' the committee aforesaid, 
ever}' person so offending, shall for each and every such offence, on 
conviction thereof, pay a fine not exceeding five dollars nor less than 
two dollars, if the quantity' so taken be less than one barrel ; but if 
the quantitj' be more than one barrel, such person so offending shall 
forfeit and pay for each and every barrel of fish so taken five dollars, 
to be recovered in any court proper to try the same, for tlie use of the 
corporation. 

Sect. 3. Be it further enacted. That if the committee aforesaid, 
or either of them, shall detect anj' person in attempting to take an}^ 
of said fish at an}' other time or at any other place than such as shall 
have been fixed by said committee as aforesaid, or shall find such fish 
in the possession of any person, he shall be deemed to have taken said 



INLAND FISHERIES. 199 

lish unlawfully and shall be subject to the penalties of this act as before 
mentioned ; unless such person can make it appear on trial that he 
came b}' said fish in some other way, and the members of said corpo- 
ration shall be competent witnesses in all cases where fish shall be 
unlawfully taken. 

Sect. 4. Be it further enacted, That if any person, without the 
permission of the committee aforesaid, shall presume to take, catch 
or haul on shore an}' of said fish in said river or stream, or within 
one-fourth of a mile in any direction from the mouth of said river, he 
shall forfeit and pay a sum not exceeding seven dollars nor less than 
five dollars for each oflfence, to be recovered in the manner and to 
the use hereinafter provided. 

Sect. 5. Be it further enacted, That the said committee shall, 
during the passage of said fish in said river or stream, cause all ob- 
structions to their passage to and from the sea, of ever}' description, 
to be removed, and if an}^ damage shall be done to the propert}^ of 
individuals not members of the corporation, such individuals shall be 
entitled to reasonable damages therefor. 

Sect. 6. Be it further enacted. That said corporation, at any 
regular meeting thereof, shall have power to assess taxes equally, 
according to numbers, on all the members of said corporation, and 
they shall be liable for said assessments in their private and individual 
capacities. 

Sect. 7. Be it further enac'ed, That the whole profits which may 
accrue to said corporation from said fishery, shall annually, in the 
month of November, be divided according to the number of the cor- 
porators. 

Sect. 8. Be it further enacted, That Amasa Nickerson of said 
Harwich, be and he is hereb}' authorized to call the first meeting of 
said proprietors some time in September next, by giving personal 
notice thereof and the time and place at which said meeting shall be 
holden, and at said first meeting the mode of notifying subsequent 
meetings of the corporation shall be fixed and determined. 

Sect. 9. Be it further enacted, That all persons who now are or 
may hereafter become owners of land adjoining said stream or river, 
shall have a right to become members of said corporation : provided, 
however, that the}' shall be subject to pay their proportional part of 
the expenses which shall have been before the time of their admission 
as members as aforesaid, incurred by said corporation. — [June 23, 
1831. 

[1837, 18; 1841,61.] 



200 LAWS KELATING TO 

1832. 

[Sp. Laws, vol. 1, p. 422.] 
An Act In addition to an Act to regulate the Fishery in Taunton Great Riser. 

1832,44. Sect. 1. Be it enacted., That from and after the pass- 
ing of this act, any person or persons who shall have purchased or 
hereafter shall purchase any privilege or privileges of catching shad 
or alewives in Taunton Great River (the purchaser or purchasers of 
the privilege of the town of Somerset excepted), and who shall have 
selected and located or hereafter shall select and locate the place or 
places where he or they intend to use his or their seine or seines, net 
or nets, for the purpose of catching shad or alewives, and such place 
or places are or shall be in that part of the town of Berkley which is 
southerly of a line running due east from the mouth of the Segregan- 
sett River, so called, in the town of Dighton, shall have the right and 
it shall be lawful for any such person or persons to draw and sweep 
at such place and places, with a seine or seines, net or nets, thirty 
rods in length, and no more. 

Sect. 2. Be it further enacted, That the purchaser or purchasers 
of any privilege or privileges of catching shad and alewives, as afore- 
said, who shall have selected and located or hereafter shall select and 
locate the place or places where he or they intend to use his or their 
seine or seines, net or nets, for the purpose aforesaid, in that part of 
the town of Berkley which is southerly of a line drawn due east from 
the mouth of said Segregansett River, shall be subject to, and shall 
regulate and govern himself or themselves, in the use of such privilege 
or privileges, by all the provisions and requisitions of an act entitled 
''An Act to regulate the fishery in Taunton Great River," which 
passed on the twenty-first day of February in the year of our Lord one 
thousand eight hundred and twenty', except so far as the same are in- 
consistent with the provisions of this act. — [February 20, 1832. 

[1817, 151 ; 1822, 54.] 
Ax Act in addition to an Act to regulate the Fishery in Monatiquot River in the Town 

of Braintree. 

1832, 54. Sect. 1. Be it enacted, That the committee or the sur- 
vivor or the survivors of them, in case of death of either, annually 
chosen by the inhabitants of said town of Braintree, pursuant to the 
provisions of the first section of said act, be and they are hereby 
fully authorized and empowered to prosecute, sue for and recover au}- 
and all penalties incurred by any breach or breaches of said act, 
before an}' court of record proper to try the same, and that all fines 
and penalties recovered by such committee, suing as such, or by the 
survivor or survivors of them, shall be and enure to the sole use of the 
said inhabitants of said town of liraintree. — [February 2.'), 1832. 



INLAND FISHERIES. 201 

[Sp. Laws, vol. 1, p. 272.] 

An Act in addition to " An Act ftirthei- regulating tlie Fisiierj' in the Merrimack Rivei* 

and the Streams running into the same." 

1832,56. Sect. 1. Beit enacted, That the fourth and fifth sections 
of an act entitled " An Act further regulating the fishery in the Merri- 
mack River, and the streams running into the same," passed the 
eighteenth day of June, in the year of our Lord one thousand eight 
hundred and nineteen, be and the same are hereby repealed: |;ra- 
vided, Jiowever, that the said sections shall be in full force as to any 
prosecutions commenced for a breach of the same. 

Sect. 2. Be it farther enacted, That instead of the penalty con- 
tained in the third section of the act to which this is in addition, the 
person or persons offending against the same shall for such offence 
forfeit and pay a sum not exceeding twenty dollars nor less than five 
dollars, to be recovered on complaint made to any justice of the peace 
for the county where said offence shall be committed ; one half to the 
use of the town where the offence shall be committed, and the other 
half to the use of the person or persons who may prosecute for the 
same. — [February 25, 1832. 

[Sp. Laws, vol. 1, p. 422.] 
An Act in further addition to an Act regulating the Fishery in Taunton Great River. 

1832, 120. Sect. 1. Be it enacted, That from and after the 
passing of this act, it shall not be lawful for an}' person or persons to 
catch or destroy shad or alewives with scoop nets or with any other 
instrument or by any other means whatsoever, within one hundred 
rods of the dam across Taunton Great River, near Kingsbridge. 

Sect. 2. Be it farther enacted, That if any person or persons 
shall at any time catch or destro}' shad or alewives at or within the 
distance of one hundred rods from said dam, he or they shall forfeit 
and pay a sum not exceeding twenty dollars nor less than five dollars, 
for every such oflfence, to be recovered by indictment, complaint or 
action of debt, in any court proper to try the same, to the use of him 
who shall prosecute and sue for the same : provided, hoiuever, that 
the penalty herein provided shall not be construed to apply to fishing 
with or setting a seine within that distance of said dam, for which a 
different penalty is b}' law provided. — [March 18, 1832. 

1833. 

[Sp. Laws, vol. 1, p. 313; vol. 2, pp. 192, 469; 181."), HI ; 1819, 137.] 
An Act in addition to the several Acts concerning the Fishery in Newmasket River. 

1833, 137. Sect. 1. Be it enacted, That Peter H. Pierce and 
Horatio G. Wood, their heirs and assigns, be and the}' are hereby 
authorized to keei) up and maintain their dam across the Newmasket. 



202 LAWS RELATING TO 

River, iu the town of Middleborougli, near the Old Stone Weir, so 
called, upon the condition that the aforesaid Peter H. Pierce and 
Horatio G. Wood, their heirs and assigns, make, or canse to be made 
a good and sufficient passage-wa}^ for the fish called alewives passing 
up said river, and keep the said passage-way open during the time re- 
quired by laws regulating the fisheries on said Newmasket River ; 
and upon the further condition that the said Peter H. Pierce and 
Horatio G. Wood, and tlieir heirs and assigns, at their own expense, 
and free from any expense to said town, and to their acceptance, pro- 
vide a suitable place at or near their said dam where said fish ma}- be 
conveniently taken, and the said fish-way, and the privilege of passing 
to and from the same to the highwa}", shall be secured to the inhabi- 
tants of the town of Middleborough. 

Sect. 2. Be it further enacted, That from and after the location 
of such new fishing place as aforesaid, it shall be lawful for the inhabi- 
tants of said town to take said fish at such new fishing place, and to 
dispose of the same in the manner provided by law for taking and 
selling the same at the Old Stone Weir, as aforesaid. — [March 20, 

1833. 

[1837, 193.] 

An Act to preserve the Eel Fishery at Muskeeket Island, within the Town of Nantucket 

1833, 211. Sect. 1. Be it enacted, Thai irova and after the first 
day of September next it shall not be lawful for any person to take 
from tlie creeks, coves or harbors on the island of Muskeeket, within 
the town of Nantucket, a greater number of eels at one time than 
three dozen, without a permit from the major part of the selectmen 
of said town ; every person offending as aforesaid shall forfeit and 
pa}' for each and ever}' additional dozen so taken the sum of fift}' 
cents. 

Sect. 2. Be it further enacted, That if any boat or craft shall be 
found within the limits aforesaid with any more eels on board than 
this act allows to be taken by permit from the selectmen aforesaid, it 
shall be the dut}^ of such person or persons as shall be chosen b}^ the 
said town of Nantucket to see to the execution of this law, to seize 
on such boat or craft and detain the same not exceeding forty-eight 
hours, in order that the same be attached or arrested b}' due process 
of law and made answerable for said fines and forfeitures, with costs 
of suit : provided, however, that as soon as the master or owner of 
such boat or craft shall pay such fines and forfeitures to the treasurer, 
if he shall pay the same before being sued, such boat or craft shall be 
discharged with the effects therein. 

Sect. 3. Be it further enacted. That the said town of Nantucket 
are hereby authorized to choose annuall}' such number of fish-wardens 



INLAND FISHERIES. 203 

as they may judge necessaiy, who shall be sworn to the faithful dis- 
charge of their duty, whose duty it shall be to prosecute for all offences 
against this act ; and all fines and forfeitures that sliall be incurred by 
virtue thereof shall be one half to him or them who shall sue for the 
same, and the other half to the use of said town of Nantucket ; and 
the same shall be recovered, with legal costs of suit, by an action of 
debt, in any court proper to try the same. — [March 28, 1833. 

[1850,6; 1855,116; 1858,95; 1870,284.] 

1834. 

[1821, 62.] 

An Act to repeal all Laws heretofore made for regulating the Alewive Fishery in a 

certain Stream in the Towns of Dracut and Methuen. 

1834, 117. Sect. 1. Be it enacted, That all laws heretofore made 
regulating the alewive fishery in a certain stream which flows from 
Peter's Pond, in Dracut, in the county of Middlesex, and Methuen in 
the county of Essex, into Merrimack River, running through Bartlett's 
farm, and on which are situated Bartlett's Mills in Methuen, and 
Richardson's Mills in Dracut, or that require any passage-way for said 
fish through or around any dams across said stream are hereby 
repealed. — [March 25, 1834. 

[1824, 107.] 
An Act concerning Alewives in Herring River, in the Town of Sandwich. 

1834, 126. Sect. 1. Be it enacted, That the selectmen of ihe 
town of Sandwich for the time being, or a major part of them, are 
hereb}' empowered, in the month of March or April annually, to pre- 
scribe the time, place or places, and manner of taking alewives in 
Herring River, in the town of Sandwich, such time not to exceed four 
days in a week ; and they shall appoint some suitable person or per- 
sons to take the same, and fix the compensation to be paid therefor. 

Sect. 2. Be it further enacted, Tliat the owners or occupants of 
dams across said river shall annually, during such time, not exceeding 
sixty days in each year, as shall be prescribed by the selectmen of 
said town, or the major part of them, for the time being, keep con- 
stantly' open and maintain through, over or around their respective 
dams, a passage sufficient and proper for the passage of said fish, to 
the satisfaction of said selectmen, under a penalty not less than ten 
nor more than sixty dollars for each and ever^' twentj'-four hours they 
shall neglect to open a passage-way as aforesaid ; and the said select- 
men shall, thirty days at least before the commencement of said 
period, notify in writing the owners or occupants of said dams of the 
time when the said passage-ways shall be opened, and the manner in 
which they shall be constructed and regulated : provided, however, 
that if any owner or occupant shall at any time be dissatisfied with the 



204 LAWS RELATING TO 

determination of said selectmen in relation to the construction or regu- 
lation of such passage-way or passage-ways, such owner or occupant 
ma}-, by application in writing to the selectmen of the town of Barns- 
table for the time being, in said county of Barnstable, who are herebj' 
constituted a committee for that purpose, cause such passage-way or 
passage-ways to be fixed, prescribed and regulated in writing by said 
committee ; and such passage-way or passage-wa3's shall be, by the 
owners or occupants of said dam or dams, kept open and regulated in 
width and depth, and in all other respects pursuant to said written 
determination of said committee, under the same penalty as is herein 
before provided ; and the expense of said committee shall be paid by 
the owners or occupants of said dam or dams, or by the said town of 
Sandwich, as said committee shall adjudge. 

Sect. 3. Be it further enacted, That the said selectmen of the town 
of Sandwich shall have full power and authority to cause the natural 
course of the stream through which said fish pass to be kept open and 
free of obstructions, except the dams aforesaid, and to remove all such 
obstructions, except as aforesaid ; and for that purpose as well as for 
the other purposes of this act, shall have authority to go upon the land 
or meadow of any person through which said stream runs, without 
being deemed trespassers ; and if an}' person or persons shall molest 
the said selectmen, or either of them, in the execution of his or their 
duties under this act, or shall obstruct the passage of said fish, except 
as aforesaid, the person or persons so offending shall, on conviction 
thereof, before any justice of the peace in the county of Barnstable, 
pay a fine for every such offence, not exceeding twenty nor less than 
ten dollars. 

Sect. 4. Be it further enacted, That if any person or persons shall 
take any of the fish aforesaid in said river, or in the ponds in which 
said fish cast their spawn, at any time, or in any place or manner other 
than shall be allowed by said selectmen as aforesaid, each person so 
offending shall for each and every ofience, on conviction thereof, pay 
a fine not exceeeding twenty dollars nor less than one dollar. 

Sect. 5. Be it further enacted, That from and after the passing of 
this act, the inhabitants of said town at their annual March meeting, 
shall determine the quantity of said fish that each family in said towa 
shall receive, and establish the price they shall pay therefor. 

Sect. G. Be it further enacted, That all persons not otherwise dis- 
quvalified, shall be taken to be competent and legal witnesses in any 
prosecution upon this act, they being inhabitants of said town of Sand- 
wich notwithstanding. 

Sect. 7. Be it further enacted, That all the forfeitures incurred by 
virtue of this act shall be two-thirds to the use of the said town of 
Sandwich, and one-third to the person or persons giving information^ 



INLAND FISHERIES. 205 

to be recovered in an action of debt, in any court proper to try the 
same, to be brought by the treasurer thereof. 

Sect. 8. Be it further enacted^ That the Herring Pond Indians 
shall be allowed the same privileges in relation to said fish, as have 
heretofore been usual!}' granted them b}' said town of Sandwich. — 
[March 27, 1834. 

[1853,95; 18o4, 285.] 

1835. 

An Act concerning the proprietors of Mills on Concord River. 
1835, 89. Sect. 1. Be it enacted^ That all laws heretofore passed 
to prevent obstructions to the passage of fish, and all laws obliging 
the proprietors of mills to leave a passage in their dams for said fish, 
be and they are hereb}' repealed, so far as the}- relate to or affect the 
proprietors of mills on the Concord River. — [March 30, 1835. 

[Sp. Laws, vol. 1, p. 296; 1812, 103.] 

An Act to repeal " An Act to regulate the Taking of Fish in Connecticut River." 

1835, 137. Sect. 1. Be it enacted^ That a statute of the year one 

thousand eight hundred and twelve, chapter one hundred and three, 

•entitled " An Act to regulate the taking of fish in Connecticut River," 

be and the same is hereby repealed. — [April 8, 1835. 



1836. 

[Sp. Laws, vol. l,p 200.] 
An Act to regulate the Alewive Fishery in the Town of Wellfleet. 

1836,56. Beit enacted, etc., as folloivs: Sect. 1. The selectmen 
-of the town of Wellfleet for the time being, may, in the month of 
March or April annually, prescribe the time, place or places and man- 
ner of taking alewives in the creeks and brooks in the town of Well- 
fleet, such time not to exceed four da3-s in a week ; and they ma^' 
appoint some suitable person to take the same, or they may sell the 
right to take said fish as they think best, and shall fix the compensa- 
tion therefor. 

Sect. 2. Said selectmen may cause the natural courses of the 
streams through which said fish pass, to be kept open and free of 
oljstructions, and for that purpose, as well as for other purposes of 
this act, may go upon the land or meadow of any person through 
which said streams run, without being deemed trespassers, and if an}' 
person molest the said selectmen or either of them in the execution 
of his or their duties under this act, or shall obstruct the passage of 
said fish, the person so offending shall forfeit and pay a fine for every 
offence not exceeding twenty nor less than ten dollars upon convic- 
tion thereof, before any justice of the peace for the county of Barn- 
stable, not an inhabitant of said town of Wellfleet. 



206 LAWS RELATING TO 

Sect. 3. If an}- person shall take an}' of the fish aforesaid in the 
creeks or brooks or ponds in which said fish cast their spawn, at any^ 
time or in any place or manner other than shall be allowed bj* said 
selectmen as aforesaid, each peison so offending, for each and every 
offence, on conviction thereof, sliall pay a fine not exceeding twenty 
dollars. 

Sect. 4. The inhabitants of said town at their annual meetings 
shall determine the quantity of said fish, tach family in said town 
shall receive, and establish the price they shall pay therefor. 

Sect. 5. All persons not otherwise disqualified, shall be taken to 
be competent and legal witnesses in an}- prosecution upon this act, 
they being inhabitants of said town of Wellfleet notwithstanding. 

Sect. (j. All the forfeitures incurred by virtue of this act shall be 
two-thirds to said town of Wellfleet, and one-third to the person or 
persons giving information, to he recovered in an action of debt in 
any court proper to try the same, to be brought by the treasurer 
thereof. 

Sect. 7. All laws heretofore made regulating the alewive fishery 
in the said town of Wellfleet are hereb}' repealed. — [March 23, 1836. 

[1865, 85.] 

[Sp. Laws, vol. 3, p. 378.] 
An Act to regulate the Fishery in Palmer's River. 

1836, 130. Be it enacted, etc., asfolloivs: Sect. 1. From and 
after the passing of this act, no pei'son, except as is hereinafter pro- 
vided, shall take shad or alewives in seines or with nets, in Palmer's 
River, in the town of Swansey, in the count}' of Bristol, from the first 
day of April to the twentieth day of June, in each year : provided, 
that the inhabitants of Swansey may, at a legal meeting held for that 
purpose, dispose of the privilege at public auction, of taking shad and 
alewives with seines only, in said river, for the time aforesaid, to such 
persons as may otter the highest price for the same, and shall give 
sufBcient security for the payment of the purchase money, at such 
time and in such manner as the town shall order. 

Sect. 2. The town of Swansey may have two seines only, and 
each seine may have the privilege of sweeping three days, in the 
day-time only, in each week, beginning on Monday at sunrise and 
ending at sunset on Wednesday, and may sweep in any part of the 
river aforesaid, between Rhode Island line and Rehoboth line on said 
river. 

Sect. 3. The town of Swansey, at their annual meeting in March 
or April, may choose one or more suitable persons to serve as fish- 
wardens, who, when sworn, shall see this act enforced and may pros- 
ecute for all violations thereof. 



INLAND FISHKRIES. 207 

Sect. 4. If any person shall sweep with any seine or net at any 
time, place or manner other than as before mentioned, or shall set 
any seine, net, weare or other obstruction in said river or in any part 
thereof, with the intent to take or destro}' an}- shad or alewives, he 
shall forfeit and pa}' flft}' dollars for each offence, to be recovered to 
the use of the county in which the otfence was committed, or by action 
of debt, one half to the use of the person prosecuting for the same 
and the other half to the use of tlie town in which the offence shall be 
committed. 

Sect. 5. All laws heretofore passed relating to the fisliery in Pal- 
mer's River in Swanse3\ are hereby repealed. — [April 4, 1836. 

[1837, 184.] 

[Sp. Laws, vol. 1, pp. 238, 512.] 
An Act further to regulate the Fisheries in Mystic River. 

1836, 158. Beit enacted^ etc., as follows : Sect. 1. The inhabi- 
tants of the town of Medford may hereafter take shad and alewives 
in the Mj'stic River, on the flood as well as on the ebb tide, on Wed- 
nesday of each week, between the first day of March and the last day 
of June, inclusive, anything in the "act of February fourteenth, in 
the year eighteen hundred and twenty-one," for the regulation of the 
shad and alewive fishery in Cambridge, Charlestown, Medford and 
West Cambiidge to the contrary notwithstanding. — [April 8, 1836. 

[1845, 149.] 

An Act to incorporate the Andrews Fishing Company in Harwich. 

1836, 177. Be it enacted^ etc., as follows : Sect. 1. Elijah Small, 
Obed Brooks, Alvan Walker, *their associates and successors, are 
hereb}' made a corporation b}- the name of the Andrews Fishing Corn- 
pan}', in Harwich, for the purpose of making the necessary improve- 
ment for the preservation and taking of the fish called alewives in 
Andrews River in said Harwich, and for that purpose shall have all 
the powers and privileges and be subject to all the duties, restrictions 
and liabilities set forth in the forty-fourth chapter of the Revised Stat- 
utes, passed on the fourth day of November in the year one thousand 
eight hundred and thirty-five. 

Sect. 2. If any person, without the permission of the corpora- 
tion, shall take, catch or haul on shore an}' of said fish in said river 
or the pond from which said river issues, or within one-fourth of a 
mile, in any direction, from the mouth of said river, he shall forfeit 
and pay a fine, not exceeding five dollars for each offence if the quan- 
tity so taken be less than one barrel ; but if the quantity be more 
than one barrel such person so offending shall forfeit and pay for each 
barrel of fish so taken, five dollars, for the use of said corporation, 
to be recovered in any court proper to try the same ; nor shall said 



208 LAWS RELATING TO 

corporation haul on shore an}^ fish within one-fourth of a mile from 
the mouth of said river, under the penalty of twent3'-five duUars for 
■each offence. 

Sect. 3. Said corporation may, at their own expense, make a free 
passage for said fish into the mill-pond at the head of said river, for 
the space of fifteen days, annually, in the month of April or May : 
provided, they do not injure the owner of the dam now erected upon 
said river. 

Sect. 4. If any damage shall be done by said corporation to the 
property of an}' individual not a member of the corporation, such in- 
dividual shall be entitled to reasonable damage therefor. 

Sect. 5. All persons who are now or shall hereafter be owners of 
hxnd adjoining said river, may become members of said corporation, 
subject, however, to pay their proportional part of the expenses 
which shall have been incurred b^^ said corporation before the time of 
tlieir admission. — [April 9, 1836. 

[Sp. Laws, vol. 2, p. 434.] 
An Act further regulating the Alewive Fishery in Wej'niouth. 
1836, 198. Be it eriacted, etc., as follows : Sect. 1, The right of 
taking the fish called alewives in the town of Weymouth and which 
right is now limited, by an act passed March the seventh, in the year 
one thousand eight hundred and one, to Mondays, Wednesdays and 
Fridays, shall hereafter, under the limitations and restrictions of the 
said act, be extended to Saturdays also. — [April 9, 1836. 

[1846, 92.] 

An Act to incorporate the Orleans Fishing Company. 

183G, 205. Be it enacted, etc., as follmvs : Sect. 1. Nathan Rog- 
ers, James Higgins, Samuel Eldridge, their associates and successors, 
are made a corporation by .the name of the Orleans Fishing Company', 
in Orleans, and are empowered to open the brook running from Hes- 
ter's Pond, so called, to Pleasant Bay in said Orleans, so far as is 
necessary for the purpose of an alewive fishery, and to regulate the 
same ; and for this purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and liabilities contained 
in the forty-fourth chapter of the Revised Statutes, passed on the 
fourth day of November, one thousand eight hundred and thirty-five. 

Sect. 2. If an}' person without the permission of the corporation, 
shall take, catch or haul on shore any alewives in said brook or pond, 
or within one-eighth of a mile in an}' direction from the mouth of said 
brook, he shall forfeit and pay, for the use of said corporation, a sum 
not exceeding two dollars if the quantity so taken be less than one 
barrel ; but if the quantity taken be more than one barrel the person 



INLAND FISHERIES. 209 

so offending shall forfeit and pa}- for each barrel of fish so talven, five 
dollars, to be recovered in an}^ court proper to trj' the same. 

Sect. 3. If any damage shall be done b}' said corporation to the 
property of an}^ individual not a member of said corporation, such 
individual shall be entitled to reasonable damage. 

Sect. 4. All persons who now are or may hereafter be owners of 
land adjoining said brook may become members of said corporation, 
subject, however, to their proportional part of the expenses which 
may have been incurred by said corporation before the time of their 
admission. 

Sect. 5. Any member of this corporation who shall take or catch, 
by seine or otherwise, an}- alewives within the limits mentioned in 
the second section of this act, except in the brook or pond aforesaid, 
«hall incur the penalty provided for in said section, to be recovered in 
the manner therein set forth. — [April 11, 1836. 

[Sp. Laws, vol. 2, p. 214.] 
An Act in relation to the Alewive Fishery in Weweantit River. 

1836,218. Be it enacted^ etc. ^ as follows: Sect. 1. All the pro- 
visions of the several laws relating to the fish called alewives in 
Weweantit River, and the fishery connected with said river, so far 
as any duties are required of or any liabilities are imposed on the 
inhal)itants of the town of Rochester in the county of Plymouth, 
are hereby repealed. 

Sect. 2. All the rights and privileges b}' law conferred on the 
inhabitants of the said town of Rochester to the fishery of said river 
and the proceeds thereof, are hereby conferred on Joshua B. Tobev, 
his heirs and assigns, and he and they are required, in the fall of each 
successive 3'ear hereafter, to appoint three suitable persons as mem- 
bers of the committee for said river, who shall be required to per- 
form the same duties and are vested with the same authority as the 
committee of the town of Rochester now are, and the said Tobey, his 
heirs and assigns, shall be subject to the same pecuniary liabilities a8 
the inhabitants of Rochester now are. — [April 13, 1836. 

1837. 

[1831, 73.] 

An Act in addition to an Act to incorporate the Sltinnaquits Fishing Company in Har- 
wich and Chatham. 

1837, 18. Be it enacted^ etc., as follows: Sect. 1. The time of 

holding the annual meeting of the Skinnaquits Fishing Company in 

Harwich and Chatham, shall be on the first Tuesday in March instead 

of the first Tuesda}- in April, as provided in the act to incorporate 

said company. — [Februar}' 22, 1837. 



210 LAWS RELATING TO 

An Act to incorporate the Fish Wear Company. 

1837,92. Beit enacted, etc., as folloivs : Sect. 1, John Kend rick,, 
Isaac Linnell, Josiah Linnell, their associates and successors, are 
liereby made a corporation by the name of the Fish Wear Company, 
for the purpose of constructing a fish wear in the waters of Nanwicoit 
Point, so called, in the south-easterly part of the town of Orleans, in 
the county of Barnstable, for the purpose of taking fish ; and for this 
purpose shall have all the powers and privileges, and be subject to all 
the duties, restrictions and liabilities contained in the fort3'-fourth 
chapter of the Revised Statutes. 

Sect. 2. Said wear shall not extend farther into the water than to 
the depth of four feet at low water. 

Sect. 3. If any person shall take an}' fish from said wear without 
the permission of said corporation, he shall forfeit to said corporation 
a sum not exceeding five dollars, if the quantity so taken be less than 
one hundred pounds, but if the quantit}^ taken be more than one hun- 
dred pounds, the person so offending shall forfeit five dollars for every 
hundred pounds of fish so taken, to be recovered in any court proper 
to tr}' the same. 

Sect. 4. If any person shall take by seine an}' fish within twent}' 
rods of the location of said wear, he shall forfeit a sum not exceeding 
six dollars for each oS"ence, for the use of said corporation, to be 
recovered as aforesaid — [March 25, 1837. 

An Act to incorporate the North Falmouth Fishing Company. 

1837, 118. Be it enacted, etc., as follows: Sect. 1. Ebenezer 
'Nye, Prince Nye and Benjamin Nye, their associates and successors, 
are hereby made a corporation by the name of the North Falmouth 
Fishing Company, in North Falmouth, and are empowered to regulate 
the brook running from Nye's Pond, so called, to Cautomot Harbor 
in said Falmouth, so far a*s is necessarjs for the purpose of an alewive 
fishery ; and for this purpose shall have all the powers and privileges 
and be subject to all the duties, restrictions and liabilities set forth in 
the forty-fourth chapter of the Revised Statutes. 

Sect. 2. If any person, without the permission of the corporation, 
shall take, catch, or haul on shore an}^ alewives in said brook, or 
within one-eighth of a mile in any direction from the mouth of said 
brook, he shall forfeit and pay for the use of said corporation a sum 
not exceeding two dollars, if the quantity so taken be less than one 
barrel ; but if the quantit}' taken be more than one barrel, the person 
80 offending shall forfeit and pay for each barrel of fish so taken, five 
dollars, to be recovered in anj' court proper to try the same. 

Sect. 3. If any damage shall be done by said corporation to the 
property of any individual not a member of the corporation, such 



INLAND FISHERIES. 211 

individual shall be entitled to reasonable damage, to be estimated in 
the same manner as damages occasioned b}' the laying out of high- 
ways. — [April 7, 1837. 

[1815, 83.] 
An Act to further regulate the Fishery in Dennis. 

1837, 135. Be it enacted^ etc., as follotvs: Sect. 1. The com- 
mittee chosen b}' the inhabitants of the town of Dennis, at their annual 
meeting to regulate the fisher}' in said town, shall, in addition to their 
duties now by laAv prescribed, appoint all such suitable persons as 
make application, being inhabitants of said Dennis, to catch alewives 
in said town, and fix the compensation to be paid therefor. 

Sect. 2. The inhabitants of said town, at their annual meetings 
shall determine the quantitj" of said fish each family in said town 
shall receive, and establish the price they shall pa}' therefor. — [April 
12, 1837. 

An Act to incorporate the Rock Harbor Fishing Company in Orleans. 

1837, 159. Be it enacted^ etc., as follows: Sect. 1. Richard 
Sparrow, Ira Mayo and Timothy Smith, their associates and suc- 
cessors, are hereby made a corporation by^ the name of the Rock 
Harbor Fishing Company in Orleans, in the county of Barnstable, 
and are empowered to open the stream running from Tan Pond, so 
called, to the mouth of Rock Harbor in said Orleans, so far as is 
necessary, for the purpose of an ale wive fisher\', and to regulate the 
same ; and also to erect a fish-wear on the north side of Nanwicoit 
River in said Orleans, in Meeting-house Pond, so called, where said 
river and pond adjoin the land of Isaac Doane ; and for this purpose 
shall have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities set forth in the forty-fourth chapter 
of the RcAased Statutes. 

Sect, 2. If any person, without the permission of the corporation, 
shall take, catch or haul on shore any alewives in said Tan Pond or 
stream, he shall forfeit and pay, for the use of said corporation, a 
sum not exceeding two dollars, if the quantity so taken be less than 
one barrel ; but if the quantity be more than one barrel, the person 
so offending shall forfeit and pay for each barrel of fish so taken, five 
dollars ; or if an}^ person shall take an}' fish from said wear, without 
permission of said corporation, he shall forfeit and pay a fine x\( i 
exceeding five dollars, if the quantity so taken be less than one hun- 
dred pounds, but if the quantity so taken exceed one hundred pounds, 
he shall forfeit and pay five dollars for every hundred pounds so taken, 
to be recovered in any court proper to try the same. 

Sect. 3. If any damage shall be done by said corporation to the 



212 LAWS RELATING TO 

property of an}' individual, not a member of said corporation, such 
individual shall be entitled to reasonable damage, to be estimated in 
the same manner as damages happening in the laying out of highways. 

Sect. 4. If said corporation shall, in the prosecution of their work, 
cross an}' highway, they shall do it in such a manner as shall not un- 
reasonably incommode the travel on said wa}', and shall leave said 
way in as good repair as it was before the alteration or crossing of 
the same. 

Sect. 5. All persons who now are or shall hereafter be owners of 
land adjoining said Tan Pond and stream running therefrom to the 
mouth of Rock Harbor, may become members of said corporation, 
subject, however, to pay their proportional part of the expenses 
which shall have been incurred by said corporation before the time of 
their admission. — [April 13, 1837. 

An Act to regulate the Weight of Fish. 

1837, 166. Be it enacted, etc., as follows: Sect. 1. When fish are 

sold by the quintal, it shall be understood to mean a quintal of one 

hundred pounds avoirdupois, and all contracts concerning fish sold 

in this manner shall be understood and construed accordingly. — 

[April 14, 1837. 

[P. S. 56, ^ 47.] 

[1836, 130.] 
, An Act further regulating the Fishery in Palmer River in Rehoboth. 

1837, 184. Be it enacted, etc., as follows: Sect. 1. If an}- per- 
son shall make or cause to be made, or shall continue any wear in 
Palmer River, in the town of Rehoboth, in the county of Bristol, up 
stream from the land now belonging to Royal Horton, situate on the 
westerly side of said river, he shall forfeit and pay fifteen dollars for 
each offence. 

Sect. 2. All forfeitures named in this act or in either of the acts 
to which this is in addition, may be recovered either by indictment 
for the use of said county, or otherwise, as now provided by law. 

Sect. 3. All acts and parts of acts regulating the fishery in said 
town, inconsistent with this act, are hereby repealed. 

Sect. 4. This act shall take effect from and after the passage of 
the same. — [April 18, 1837. 

[1844,63; 1852,92.] 

[1822, 54.] 
An Act to authorize Abraham Hobart to erect a Dam across Monatiqiiot River in the 

Town of Braintree. 

1837, 189. Be it enacted, etc., as foUoivs : Sect. 1. Abraham 
Hobart, of Braintree, his heirs or assigns, are hereby authorized to 
erect a mill-dam across Monatiquot River, in said town, three or 



INLAND FISHERIES. 213 

four rods below where his present dam is now located, to be raised 
no higher than the tide usuall}^ flows, with a siifflcient passage or 
sluice-way therein, for the passage of such vessels, boats or rafts 
as may have occasion to go up and down said river, of at least 
twenty-four feet in width, with good and sufficient sluice-gatss, to be 
constructed with paddle-gates therein, of two feet square: provided^ 
hoivever, that the raud-sill upon which said sluice-gates are placed, 
shall not rise more than twelve inches above the bed of the river, and 
that said sluice-gates shall at all times be opened by said Hobart, his 
heirs or assigns, when it is practicable so to do, for the passage of 
vessels, boats or rafts up and down said river; a.nd provided, further, 
that at all times during the continuance of said dam, there shall be 
kept up and maintained upon the water privilege created by said dam, 
a grist-mill in which shall be ground all kinds of grain, and that there 
shall be maintained in said dam a sufficient passage-way for the her- 
ring and other fish to pass up said river, and provided, further^ that 
nothing herein contained shall authorize said Hobart, his heirs or 
assigns, to appropriate for said dam and privilege, the propertv or 
lands of others, except in the manner now provided b}" law. And 
that said dam shall be erected within three 3'ears from and after the 
passage of this act. — [April 18, 1837. 

[Sp. Laws, vol. 1, p. 313; 1833, 137.] 
An Act to regulate the Ale wive Fishery in Middleborough. 

1837, 193. Be it enacted, etc., as follows: Sect. 1. The inhabi- 
tants of the town of Middleborough, in the county of Plymouth may, 
at an}' meeting called for that purpose, dispose of their right of taking 
alewives in said town by contract or b}' sale at public auction, for a 
term not exceeding five j'ears, on an}' one contract or sale ; or said 
town may improve their right aforesaid, by choosing agents to take 
said alewives, and dispose of the same as the town may from time to 
direct. 

Sect. 2. All acts and parts of acts regulating the fishery in said 
town inconsistent with this act, are hereby repealed. 

Sect. 3. This act shall take effect from and after the passage 
thereof. — [April 18, 1837. 

[185.5, 401 ; 1863, 73.] 

[Sp. Laws, vol. 2, p. 117 ] 
An Act to regulate the Fishery in Newbury. 
1837, 195. Be it enacted, etc., as follows : Sect. 1. The inhab- 
itants of the town of Newbury, in the county of Essex, may, at any 
legal meeting called for that purpose, regulate the taking the several 
kinds of fish in Parker River and other streams within said town, or 
dispose of the privileges of taking the same to their own use ami 



"214 LAWS EELATING TO 

benefit, in any manner the}' may think proper, and shall choose by 
ballot, a committee consisting of three discreet persons, who shall 
cause the regulations adopted by said town to be carried into effect, 
who shall be sworn to the faithful performance of their duty. 

Sect. 2. The selectmen for the time being shall post up in three 
or more public places in said town, the regulations established by said 
town respecting the fishery in the river and streams aforesaid. 

Sect. 3. If any person shall take any fish in said river and 
streams at any time or in an}- place or manner, other than shall be 
allowed by said town as aforesaid, he shall for each offence, on con- 
viction thereof, pay a fine not exceeding five dollars, to be recovered 
in any court proper to try the same, to the use of him who shall 
prosecute for the same : 2)rovided, however, that nothing contained in 
this act shall be so construed as to prohibit any inhabitant of the 
town of Rowley, from taking fish in that part of the branch of 
Parker River called Mill River, which constitutes in part the divid- 
ing line between the towns of Newbury and Rowley. 
uSSect. 4. All acts and parts of acts inconsistent with the provi- 
sions of this act, are hereby repealed. — [April 18, 1837. 

[1859, 54.] 

1838. . 

[Sp. Laws, vol. 2, p. 255.] 
An Act to regulate the Fishery in the Agawam and Half-way Pond Rivers. 

1838, 19. Be it enacted, etc., as follows : Sect. 1. The towns of 
Plymouth and Wareham shall annually, at their meetings m the month 
of November, respectively, choose by ballot a committee of not more 
than three persons each, who shall be sworn to the faithful discharge 
of their duties, in the manner of other town officers ; which committee 
shall in the month of March, annually, after a public notice of at least 
ten days, sell by public vendue the privilege of taking the fish called 
alewives and shad in the Agawam and Half-way Pond Rivers, in 
the county of Plymouth, at such places not exceeding two in said 
towns, and on such days not exceeding three in each week, as said 
committee shall agree upon and publish in their notice of sale ; they 
shall also express in said notice the manner of taking and disposing of 
said fish, and the price at which the purchasers may sell them, which 
price shall not exceed twenty-five cents a hundred for alewives and four 
cents each for shad : x>^'ovided, nevertheless, that said committee may fix 
upon one place in the town of Wareham, and one day in each week, 
for taking shad different from the place and day of the week appointed 
for taking alewives. 

Sect. 2. The committee of the town of Plymouth, the first year 
after the passage of this act, and the committee of the town of Ware- 



INLAND FISHERIES. 215 

liam the second year, and so on alternately forever, shall notify the 
town clerk of the other town concerned in said fishery, of the time 
and place in which said committees shall meet, ten days at least be- 
fore the time of meeting ; and the members of the committee present 
at said meeting shall constitute a quorum for doing business. 

Sect. 3. If either of said towns shall neglect to choose its com- 
mittee as aforesaid, or if the committee of either town shall neglect to 
give notice, as above required, to the other, said town shall forfeit and 
pa}' to the use of the other which shall choose such committee or 
whose committee shall give said notice, for each neglect, the sum of 
one hundred dollars. 

Sect. 4. All persons except the purchasers as aforesaid, or those 
employed by them, who shall take an}' of said fish in said rivers or 
in an}' pond or stream having communication therewith, between the 
first day of April and the first day of June, both inclusive, in each 
year, shall forfeit and pay not more than twenty dollars for each and 
every oflfence. 

Sect. 5. The owner or occupier of any dam on said rivers shall 
annually, between the first day of April and first day of June next 
following, for such term of time and in such manner as said committee 
shall direct, open a sufficient passage for said fish through said dam ; 
and on failure of opening such passage or of continuing the same 
open as aforesaid, shall forfeit and pay the sum of one hundred dol- 
lars ; and said committee may open such dam when neglected as 
aforesaid, at the expense of the proprietor thereof: j^rovidecl, no more 
damage is thei'eby done the owner than is necessary to eflTect said 
purpose. 

Sect. 6. If any person shall make any wear or cause any other 
obstruction to the free passage of said fish up said rivers, or shall take 
any of said fish, or shall make use of any seine to take said fish in 
said rivers or in an}^ pond or stream communicating with the same, in 
any other manner or at any other- time or place than such as may be 
approved and established b}' said committee, between the first day of 
April and first da}' of June as aforesaid, he shall forfeit and pay not 
more than twenty dollars for each and every oflfence ; and said com- 
mittee shall remove such wear or obstruction at the expense of the 
person causing the same, and also seize, to the use and disposal of 
said towns, any seine used as aforesaid, and make complaint to the 
town treasurer of either of the towns aforesaid, of any violation of 
this act that shall come to their knowledge. 

Sect. 7. The treasurers of the aforesaid towns respectively, may, 
upon any complaint of any member of the committees sue for the 
recovery of any forfeitures incurred by a breach of any of the regula- 
tions provided in this act, and also of any such further regulations as 



216 LAWS RELATING TO 

may be provided and established by said committees, in conformity to- 
this act ; and all fines and forfeitures recovered for an}- breaches 
aforesaid, except such as are provided in the third section of this net, 
shall, together with the proceeds of said fishery, be equally divided 
between said towns ; and all the expenses attending said suits, shall 
in like manner be equally borne by them. And the treasurers afore- 
said respectively, may, in behalf of their respectiA'e towns, recover, 
by an action on the case, of any person or corporation withholding 
the same, one-half part thereof, in any court proper to try said 
action. 

Sect. 8. The purchasers of the privilege of taking said fish shall 
in all respects conform themselves to such regulations and conditions 
as said committee shall publish, as aforesaid ; and on failure thereof 
shall forfeit and pay for each offence a sum not exceeding twenty 
dollars. 

Sect. 9. An}' member of the committees aforesaid may be admitted 
as a competent witness in any prosecution for a breach of any regula- 
tion as aforesaid. 

Sect. 10. The committees chosen by said towns in the month of 
November last, for regulating the taking of alewives in said rivers, 
agreeably to the provisions of the act then existing for that purpose, 
may perform all the duties for the present year that are required of 
committees hereafter to be chosen under the provisions of this act ; 
and they, as also committees hereafter chosen for the purposes of said 
fishery, one dollar and twenty-five cents each for every daj^'s service 
they may be actuallj'' engaged in performing the duties herein required 
of them. 

Sect. 11. All laws heretofore passed respecting the fisher}' in said 
rivers are hereby repealed, excepting so far as respects any penalties 
already incurred for a breach of the same. 

Sect. 12. This act shall take effect from and after its passage. — • 
[February 26, 1838. 

[1844,65; 1853,377.] 

An Act to incorporate the Sandwich Buzzard's Bay Fishing Company. 

1838, 111. Be it enacted, etc., as follows: Sect. 1. Edward B 
Gibbs, Henry Gibbs and Benjamin Bourne, their associates and suc- 
cessors, are hereby made a corporation by the name of the Sandwich 
Buzzard's Bay Fishing Company, in the town of Sandwich, in the 
county of Barnstable, with authority' to regulate the brook running 
through their lands, from Great Pond through other smaller ponds 
into Buzzard's Bay, in said Sandwich, as far as is necessary, for the 
purpose of an alewive fishery ; and for this purpose shall have all the 
powers and privileges, and be subject to all the duties, restrictions. 



INLAND FISHERIES. 217 

and liabilities set forth in the fortj'-fourth chapter of the Revised 
Statutes. 

Sect. 2. If an)' person, without the permission of said corpora- 
tion, shall take, catch or haul on shore any alewives in said brook, or 
within one-eighth of a mile in any direction from the mouth of said 
brook, he shall forfeit and pay, for the use of said corporation, a sum 
not exceeding two dollars for any quantity less than one barrel so 
taken, and the sum of five dollars for ever}' barrel 80 taken, to be 
recovered in an}- court of competent jurisdiction. 

Sect. 3. If any damage shall be done by said corporation to the 
propert}' of an}^ person not a member of said corporation, such person 
shall be entitled to damages, to be estimated in the same manner as 
damages occasioned by the laying out of highways. 

Sect. 4. All persons who are or shall hereafter be owners of 
land adjoining said ponds or brooks, may become members of said 
corporation, subject, however, to pay their proportional part of the 
expenses which shall have been incurred by said corporation before 
the time of their admission as members. — [April 13, 1838. 

1839. 

An Act to incorporate the Trap's Creek Fishing Company in Edgartown. 

1839, 83. Be it enacted^ etc., as follows: Sect. 1. John Coffin, 
Nicholas Norton, Chase Pease, their associates and successors, are 
hereby made a corporation by the name of the Trap's Creek Fishing 
Company, in Edgartown, in the county of Dukes Countv, and are 
empowered to alter the present outlet of Trap's Pond, so called,. for 
the purpose of flowing the meadows in the winter season, and for a 
herring fisher}' therein, and to regulate the same ; and for this purpose, 
shall have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities set forth in the forty-fourth chapter 
of the Revised Statutes. 

Sect. 2. If any person, without the permission of said corpora- 
tion, shall take, catch or haul on shore an}' herring in said pond or 
creek, he sliall forfeit and pay, for the use of said corporation, a sum 
not exceeding three dollars, if the quantity so taken be less than one 
barrel ; but if the quantity be more than one barrel, the person so 
offending shall forfeit and pay for each barrel of fish so taken the sum 
of five dollars, to be recovered in any court proper to try the same. 

Sect. 3. Nothing herein contained shall authorize the said com- 
pany to take or use the private property of any person without his 
consent. 

Sect. 4. All persons who now are, or may hereafter be, owners of 
land adjoining said Trap's Pond and Creek, may become members of 
said corporation, subject, however, to pay their proportional part of\ 



218 LAWS EELATING TO 

the expenses which shall have been incurred b}' said corporation before 
the time of their admission.— [April 3, 1839. 

[1848,47; 1855,299.] 

An Act to protect the Fisheries in certain Rivers in Barnstable and Marshpee. 

1839, 102. Be it enacted, etc., as follows : Sect. 1. No person 
shall take any fish with a seine in 03'ster Island Harbor, in Barn- 
stable, or in Poppenessett Harbor, in Barnstable and Marshpee, or 
in any of the baj's or rivers connected with said harbors, between the 
first day of May and the tenth day of June annually, under a penalt}- 
not exceeding twenty dollars for each offence, to be recovered in an}' 
court proper to try the same, to the use of the person who shall 
prosecute therefor. 

Sect. 2. This act shall take effect from and after its passage. — 
[April 5, 1839. 

[1852, 35 ; 1860, 46 ; 1884, 264.] 

An Act to incorporate the Eastham Fishing Company. 

1839, 123. Be it enacted, etc., as follows: Sect. 1. Barnabas F- 
Knowles, Richard Sparrow and Freeman H. Myrick, their associates 
and successors, are hereby made a corporation by the name of the 
Eastham Fishing Company, for the purpose of constructing, a fish- 
wear on the flat ground adjoining the upland of Henry Mayo, in 
Eastham, in the county of Barnstable, with leave to extend the same 
into the channel adjoining said flat ground, one-fourth of the width 
thereof, for the purpose of taking fish ; with all the powers and privi- 
leges, and subject to all the duties, restrictions and liabilities set forth 
in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. If any person shall take any fish from said wear without 
the permission of said corporation, he shall forfeit and pay to them a 
sum not exceeding five dollars, if the quantity so taken be less than 
one hundred pounds ; but if the said quantity be more than one hun- 
dred pounds, he shall forfeit five dollars for every hundred pounds so 
taken, to be recovered in any court proper to trj- the same. 

Sect. 3. If an}^ damage shall be done by said corporation to the 
property of any person not a member thereof, such person shall be 
entitled to damages, to be estimated in the same manner as damages 
occasioned by the laying out of highways. — [April 6, 1839. 

[1814, 22.] 

An Act relating to the Fishery in Ipswich River. 

1839,134. Be it enacted, etc., as follows: Sect. 1. The owners 

or occupants of the dam at Farle3''s Mill, so called, in Ipswich, their 

successors and assigns, shall, within ninety days from the passage of 

this act, construct, to the satisfaction and acceptance of the committee 



INLAND FISHERIES. 219 

hereinafter named, a good and sufficient passage-way for the fish to 
pass over said dam up Ipswich River ; and the said owners shall keep 
said passage-waj', or cause the same to be kept open and in good 
repair from the tenth day of April to the first day of June annually, 
under a penalty not exceeding twenty dollars for each and every da}^ 
they shall neglect so to do, to be recovered in any court of competent 
jurisdiction, to the use of the town which shall sue therefor. 

Sect. 2. Charles Marston, of Barnstable, Elijah Swift, of Fal- 
mouth, and John Atkins, of Provincetown, shall be the committee for 
the purpose named in the preceding section. 

Sect. 3. All provisions of law inconsistent with this act are hereby 
repealed. 

Sect. 4. This act shall take eflTect from and after its passage. — 

[April 9, 1839. 

[184.5, 79.] 

1840. 

An Act to protect the Fishery in Long Pond in Nantucket. 

1840, 24. Be it enacted, etc., as follows: Sect. 1. No person shall 
take any fish with a seine in Long Pond in Nantucket, under a penalty 
not exceeding twenty dollars for each and ever}' oflfence, to be recovered 
in any court proper to try the same, to the use of the person who 
■shall prosecute therefor. 

Sect. 2. This act shall take effect from and after its acceptance 
by a vote of said town of Nantucket. — [March 7, 1840. 

' [1841, 76.] 

[1817, 151; 1822, 54; 1832, 54.] 
An Act to protect the Fisheries in the Towns of Brainti'ec and Weymouth. 
1840, 37. Be it enacted, etc., as follows : Sect. 1. No person 
shall take any fish with a seine in Monatiquot River in the towns of 
Braintree and Weymouth, above Hingham, and Quincy Bridge, cross- 
ing the Fore River in Weymouth, between the first day of Februar}' 
and the twentieth day of June, annually ; nor shall any person take 
an}' fish in said river, by the use of torches or a light, at any time 
between the first day of December and the first day of March in an}" 
year, under a penalty not exceeding fifty dollars for each oflfence, to 
be recovered in any court proper to try the same, to the use of the 
person who shall prosecute therefor. — [March 18, 1840. 

[Sp. Laws, vol. 1, p. 269.] 

An Act to protect the Fishery in the North River in the County of Plymouth. 

1840, 45. Be it enacted, etc., as follows: Sect. 1. If any fish 

committee chosen by the town of Pembroke, or any person authorized 

by said committee, shall find any seine or net cast in North River in the 



220 LAWS RELATING TO 

county of Plymouth, at any other time than that which is allowed by 
an act passed on the twenty- fifth day of February, in the year one 
thousand eight hundred and fifteen, regulating the fishery in said 
river, they may seize and take the same away ; and it shall be for- 
feited to the use of the town of Pembroke. — [March 18, 1840. 

An Act to incorporate the Sanchachantacket Fishing Company in Edgartown, in Dukes 

County. 

1840, 67. Be it enacted^ etc., as follows: SECt. 1. Ichabod 
Norton, Constant Norton, Benjamin Kidder, their associates and 
successors, are hereby made a corporatioil, b}'^ the name of the San- 
chachantacket Fishing Company, in Edgartown in Dukes County ; 
and are empowered to alter the present outlet of Sanchachantacket 
Pond, so called, for the purpose of flowing the meadows in the winter 
season, and for a herring fishery- therein, and to regulate the same ; 
and for this purpose shall have all the powers and privileges and be 
subject to all the duties, restrictions and liabilities set forth in the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. If any person, without the permission of said corpora- 
tion, shall take, catch or haul on shore an}' herrings in said pond 
or in the creeks or outlets which ma}' be made therefrom, he shall 
forfeit and pay, for the use of said corporation, a sum not exceeding 
three dollars, if the quantity so taken be less than one barrel ; but if 
the quantity be more than one barrel the person so offending shall 
f< rteit and pay for each barrel of herring so taken, the sum of five 
dollars, to be recovered in any court proper to try the same. 

Sect. 3. Nothing herein contained shall authorize the said com- 
pany to take or use the private property of any person without his 
consent ; or deprive any person of tlie town of Edgartown of any 
privilege which he now has of taking any kind of fish, excepting her- 
ring, from said outlet or pond. 

Sect. 4. All persons who now are or may hereafter be owners of 
land adjoining said pond or the creek or outlet to be made therefrom, 
may become members of said corporation, subject, however, to pay 
their proportional part of the expenses which shall have been 
incurred by said corporation before the time of their admission. 

Sect. 5. The present owners of lands adjoining the said pond or 
the said creek or outlet, shall have each one share only in said fishery, 
and no one of them shall, by conveyance or descent of his lands, 
create or cause to be created an a^dditional number of shares : pro- 
vided, however, that each of the present owners or his successor or 
successors, may divide his original share into parts or fractions. — 
[March 21, 1840. 



INLAND FISHERIES. 221 

1841. 

[1836, 177.] 
An Act concerning the Andrews Fishing Company. 
1841,57, Be it enacted^ etc. ^ as follows : Sect. 1. The present owners 
of land adjoining the Andrews River and Mill-pond, so called, in the 
town of Harwich, shall be each entitled to one share in the Andrews 
Fishing Company, in Harwich ; and no one of them shall, bj' convey- 
ance or descent of his land, create or cause to be created, an additional 
number of shares : i^rovided, however, that each of the present owners 
or his successor or successors, may divide his original share into parts 
or fractions. — [March 6, 1841. 

[1831,73; 1837, 18.] 

An Act concerning the Skinnaquits Fishing Company. 

1841,61. Beit enacted, etc., as follows: Sect. 1. The present owners 

of laud adjoining the Skinnaquits Pond and Stream or Red River, so 

called, in the towns of Harwich and Chatham, shall each be entitled 

to one share in the Skinnaquits Fishing Company in Harwich and 

Chatham ; and no one of them shall, by conveyance or descent of his 

laud, create or cause to be created, an additional number of shares : 

provided, however, that each of the present owners or his successor or 

successors, may divide his original share into parts or fractions. — 

•[March 6, 1841. 

[1840, 24.] 
An Act in relation to certain Fisheries in Nantncket. 

1841, 76, Be it enacted, etc., as follows: Sect. 1. From and 
after the passage of this act, the town of Nantucket, at an}' meeting 
duly warned and held for that purpose, may make and ordain such 
ordinances and regulations for the free access, increase, preservation 
and taking of fish in Maddecket Ditch and Harbor, and Long Pond, 
situated in said town, and may, for a violation of said ordinances and 
regulations, annex such penalties, not exceeding fifty dollars for one 
offence, to be recovered in an action of debt, for the use of said town, 
by the treasurer thereof, as thej' ma}' deem for the good of the inhabi- 
tants : provided, said ordinances and regulations are not repugnant to 
the laws and constitution of this Commonwealth. 

Sect. 2. Said town may annuall}' appropriate a sum not exceed- 
ing two hundred dollars to carry into effect the provisions of this act. 
— [March 13, 1841. 

1842. 

An Act to protect the Shad Fishery in Monomoy Bay. 

1842, 62. Be it enacted, etc., as follows : Sect. 1. No person not 
an inhabitant of this state, shall take any shad in Monomoy Bay. 



222 LAWS EELATING TO • 

within a line drawn from Monomo}' Point to Point Gammon, in the 
county of Barnstable, for the purpose of carrying them away or offer- 
ing them away, under a penalty not exceeding twent}^ dollars for each 
and every offence and a forfeiture of all fish so taken, to be recovered 
by indictment or b}^ complaint before any justice of the peace; one 
half of said penalty and forfeiture to enure to the use of the com- 
plainant, the other half to the Commonwealth. 

Sect. 2. No person, whether an inhabitant of this state or other- 
wise, shall throw overboard an}' offal or dressing of shad within the 
aforesaid line, or in any part of said bay below low-water marl?, under 
a penalty not exceeding ten dollars for each offence, to be recovered 
in any court proper to try the same, to the use of the person who 
shall prosecute therefor. — [March 3, 1842. 

[1855, 88.] 

An Act to incorporate the Long Pond Fishing Company, in Yarmouth. 

1842, 75. Be it enacted^ etc., as fuUoivs : Sect. 1. Zeno Kelley,. 
Howes Berr}-, Eliakim Studlej', their associates and successors, are 
hereby made a corporation by the name of the Long Pond Fishing 
Compau}' in Yarmouth, and are empowered to open a brook or outlet 
from Long Pond to Swan Pond, so called, and also improve Parker's 
River (into which said ponds emptj') , to the sea, so far as may be 
necessary for the purpose of an alewive fishery, and to regulate the 
same ; and for this purpose shall have all the powers and privileges 
and be subject to all the duties, restrictions and liabilities contained 
in the forty -fourth chapter of the Revised Statutes. 

Sect. 2. If any person without permission of the corporation 
shall take, catch or haul on shore any ale wives in said ponds or the 
brook or outlet so made, the person so offending shall forfeit and pay 
for the use of the corporation, a sum not exceeding two dollars, if the 
quantit}^ so taken be less than one barrel ; but if said quantity be 
more than one barrel, the person so offending shall forfeit and pay 
for each and ever}^ barrel of fish so taken, five dollars, to be recovered 
in any court proper to try the same. 

Sect. 3. If an}' damage shall be done by said corporation to the 
property of any individual, such individual shall be entitled to rea- 
sonable damages. 

Sect. 4. Any inhabitant of the town of Yarmouth shall be en- 
titled to the privilege of becoming a member of said corporation : 
provided, application is made therefor within six months from the 
passage of this act ; and provided, also, that said applicants pay their 
proportion of the expenses which shall have accrued to said corpora- 
tion. 

Sect. o. If the said corporation shall neglect to execute and 



INLAND FISHERIES. 223 

complete the improvements provided for in this act, within three 
years from the passage thereof, then the same shall be void and of no 
effect. —[March 3, 1842. 

[1881,46.] 

An Act to incorporate the Coy's Brook PMshing Company, in Harwich. 

1842,82. Be it enacted, etc., as follows : Sect. 1. Seth Paine, 
Heman Bassett, William Field, their associates and successors, are 
hereb}^ made a corporation by the name of the Coy's Brook Fishing 
Company, in Harwich, in the county of Barnstable and are hereby 
empowered to open said brook, commencing at the point where it 
empties into Herring River ; thence up said brook to Coy's Pond (so 
called) ; thence through the bridge, swamp and land of Nathan Ellis 
and others, to the valley swamp ; thence across the highwaj' to Brier's 
Pond ; thence through a swamp to Eldridge's Pond ; thence from said 
Eldridge's Pond, to terminate in the Long Pond, — for the purpose 
of carrying on the herring fishery therein and to regulate the same ; 
and for this purpose shall have all the powers and privileges and be 
subject to all the duties, restrictions and liabilities^ set forth in the 
thirt^'-eighth and fortj'-fourth chapters of the Revised Statutes. 

Sect. 2. Jf an}' person, without the permission of said corpora- 
tion, shall take, catch or haul on shore an}- herring in said ponds or 
brook, he shall forfeit and pay for the use of said corporation, a sura 
not exceeding three dollars ; and if the quantity be more than one 
barrel, the person so offending shall forfeit and pay for each barrel of 
fish so taken, the sum of five dollars, to be recovei'ed in any court 
proper to try the same. 

Sect. 3. Nothing herein contained shall authorize the said com- 
pany to take or use the private property of any person without his 
consent. 

Sect. 4. All persons who now are or may hereafter be owners of 
land adjoining said Coy's Brook or ponds may become members of 
said corporation ; subject, however, to pay their proportional part 
of the expenses which shall have been incurred b}'' said corporation 
before the time of their admission. — [March 3, 1842. 

1843. 

An Act concerning Alewives in Herring River, in the Town of Barnstable. 

1843, 20. Be it enacted, etc., as follows : Sect. 1. The selectmen 
of the town of Barnstable, for the time being, or a major part of them, 
are hereby empowered, in the month of February, March or April 
annually, to prescribe the time, place or places and manner of taking 
alewives in Herring River, by the name of Marston's Mills, Herring 
River, in the town of Barnstable, such time not to exceed five days 



224 LAWS RELATING TO 

in a week ; and thej^ shall appoint some suitable person or persons to 
take the same, and fix the compensation to be paid therefor, if 
thought proper by said selectmen. 

Sect. 2. The ownei's or occupants of dams across said river shall, 
annually', during such time, not exceeding sixt}' da^'s in each year, as 
shall be prescribed by the selectmen of said town, or the major part 
of them, for the time being, keep constant^ open, and maintain ' 
througli, over or around their respective dams, a passage sufficient 
and proper for the passing of said fish, to the satisfaction of said 
selectmen, under a penalt}" not less than ten nor more than sixt}' dol- 
lars for each and every twenty-four hours they shall neglect to open 
a passage-way as aforesaid ; and the said selectmen shall, thirtj' days 
at least before the commencement of said period, notify in writing the 
owners or occupants of said dams of the time when said passage-wa3's 
shall be opened, and the manner in which they shall be constructed 
and regulated : provided^ however^ that if any owner or occupant shall 
at an}'^ time be dissatisfied with the determination of said selectmen in 
relation to the construction or regulation of such passage-waj^ or pas- 
sage-ways, such owner or occupant may, b}' application in writing to 
the selectmen of the town of Sandwich, for the time being, in said 
county of Barnstable, who are hereby constituted a committee for 
that purpose, cause such passage-way or passage- wa3's to be fixed, 
prescribed and regulated, in writing, by said committee ; and such 
passage-way or passage-ways shall thereafter be, b}^ the owners or 
occupants of said dam or dams, kept open and regulated in width and 
depth, and in all other respects pursuant to said written determina- 
tion of said committee, under the same penalty as is herein before 
provided ; and the expense of said committee shall be paid by the 
owners or occupants of said dam or dams, or by the said town of 
Barnstable, as said committee shall adjudge. 

Sect. 3. The said selectmen of the town of Barnstable shall have 
full power and authority to cause the natural course of the stream 
through which said fish pass to be kept open and free of obstructions, 
except the dams aforesaid, and to remove all such obstructions except 
as aforesaid, and for that purpose, as well as for the other purposes 
of this act, shall have authority to go upon the land or meadow of any 
person through which said stream runs without being deemed tres- 
IDassers ; and if any person or persons shall molest the said selectmen, 
or either of them, in the execution of his or their duties under ihis act, 
or shall obstruct the passage of said fish except as aforesaid, the per 
son or persons so offending shall, on conviction thereof before an}'- 
justice of the peace in the county of Barnstable, pay a fine for every 
such off"ence not exceeding twenty nor less than ten dollars. 

SixT. 4. If any person or jjcrsons shall take any of the fish afore- 



INLAND FISHERIES. 225 

said, in said river, or the ponds in wliich said fish cast their spawn, 
at any time, or in any place or manner other than shall be allowed by 
said selectmen as aforesaid, each person so ofl'ending shall for each 
and every such offence, on conviction thereof, p:iy a fine not exceed- 
ing twent}' dollars nor less than one dollar. 

Sect. 5. From and after the passing of this act, the inhabitants 
of said town, at their annual Februar}' meeting, or any meeting called 
for the purpose, shall determine the quantit}' of said fish that each 
famil}' in said town shall receive, and establish the price therefor. 

Sect. 6. All persons not otherwise disqualified shall be taken to 
be competent and legal witnesses in an}' prosecution upon this act, 
they being inhabitants of said town of Barnstable notwithstanding. 

8ect. 7. All the forfitares incurred by virtue of this act shall be 
two-thirds to the use of the said town of Barnstable, and one-third to 
the person or persons giving information, to be recovered in an action 
of debt, in an}' court proper to try the same, to be brought by the 
treasurer thereof. — [March 20, 1843. 

[1851, 116.] 

[Sp. Laws, vol. 1, p 422.] 
Ax Act to regulate tbe Fishery in Taunton Great River. 

1843, 73. Be it enacted^ etc., as foUoivs: Sect. 1. From and 
after the passage of this act, it shall not be lawful for any person or 
persons, except as is hereinafter provided, to catch shad or alewives 
with seines or nets in Taunton Great River, from the first day qf 
March to the fifteenth day of June in each year : provided, that it 
shall and may be lawful for the inhabitants of the several towns situ- 
ated on said river, to catch shad and alewives with twelve seines or 
nets only, in the manner following, to wit : the towns of Somerset, 
Freetown and Fall River shall each have the right of disposing, at 
public auction, for their own benefit, of the privilege of catching shad 
and alewives with one seine or net only ; the towns of Berkley, and 
Raynham, and Dighton, shall each have the right of disposing, at 
public auction, for tlieir own benefit, of the privilege of catching shad 
and alewives with two seines or nets only ; and the town of Taunton 
shall have the right of disposing, at public auction, for their own 
benefit, the privilege of catching shad and alewives with three seines 
or nets only, in the river aforesaid ; and the purchaser or purchasers 
of the privileges which shall be located in the towns of Raynham and 
Taunton, shall not have a right to sweep with a seine or net more 
than fifieen rods in length ; and the towns of Berkley and Dighton 
shall have the right to sweep with a seine or net, not more than twenty 
rods in length, above Rocky Point, and but four days in each week, 
beginning at four o'clock on Monday morning and ending at four 



226 LAWS RELATING TO 

o'clock on Frida}' morning ; the purchaser or purchasers of the privi- 
lege or privileges, which shall be located in the towns of Berkley and 
Dighton, below Ilocky Point, shall have the right to sweep with a 
seine or net thirl^'-four rods in length and no more, five days in each 
wpf'k, beginning at four o'clock on Monday morning and ending at 
four o'clock on Saturday morning ; and the purcliaser or purchasers 
of the privilege or privileges, which shall be located in either of the 
towns of Somerset, Fi'eetown or Fall River, shall have a right to 
sweep with a seine or net forty rods in length and no more, beginning 
at four o'clock on Monda}' morning and ending at four o'clock on Fri- 
day morning ; and provided, also, that each of said towns shall, at a 
legal meeting between the first day of September and the last day of 
December in each 3'ear, dispose and make sale of, at public auction, 
for the next year, and so from year to 3-ear, their privilege of catching 
shad and alewives with seines or nets in the river aforesaid, for the 
time aforesaid, to such person or persons as shall offer the most fur 
the same, and give sufficient security for the payment of the purchase 
moneys at such time and in such manner as the respective towns shall 
order. 

Sect. 2. The several purchasers of the privileges aforesaid, shall 
select the place where they intend to use their seine or net, for the 
purpose of catching shad and alewives and shall file a certificate 
thereof with the clerk of the town within which they have determined 
to exercise their said privilege as aforesaid, on or before the first day 
of March in each year : provided, that the privilege which shall be 
purchased of the said town of Somerset, shall be exercised within the 
limits of said town, and the person or persons so purchasing and 
locating the privileges aforesaid, shall have the right to catch shad 
and alewives in the river aforesaid, for the time aforesaid and no 
other persons. 

Sect. 3. No purchasers of a privilege aforesaid, shall make use of 
a seine or net for the purpose aforesaid, at anj' other place on said 
river than the place so selected and certified as aforesaid, during the 
time aforesaid, and no seine or net shall be located or swept within 
one mile of the dam located near King's Bridge, across Taunton Great 
River, in the town of Raynhara ; and no seine or net shall be located 
or swept within one and a half miles of the said dam, in the town of 
Taunton, and no seine or net shall be swept more than forty rods on 
said river, above Rocky Point and not more than forty-five rods in 
length below Rocky Point, and no person shall be permitted to set 
any seine, net, wear or other obstructions in or across said river, for 
the purpose of taking shad or alewives or obstructing their passage, 
along said river, during the time aforesaid. 

Sect. 4. If any person or persons shall draw or sweep with any 



INLAND FISHERIES. 227 

seine or net, on an^' daj' or lime other than those before expressed, or 
at any other place other than those selected as aforesaid, or shall on 
any da}-, at any place, set any seine or net, wear or other obstruction 
in or across said river or any part thereof, or any waters connected 
with the same, with the intention to catch or destroy any of the fish 
calltd shad or alewives, within the time limited in the first section of 
this act, or shall at any time or an}' place, drive with boat or boats in 
said river, or use any other implements whatsoever, with intention to 
catch or destroy said fish or hinder their pnssage up said river, or by 
any means whatsoever shall impede or hinder the passage of said fish 
up said river, or any part thereof, with intention to drive, hinder, dis- 
turb or destroy any of the fish called shad or alewives in the waters 
of said river, or shall whip with poles or any other instrument in the 
waters of said river, or throw into said river loam or any other thing 
whatsoever, with the intention to hinder the passage of said fish up 
said river, he and each and every individual who shall violate this act, 
or any part thereof, shall each and every one forfeit and pay a sum 
not less than five dollars nor more than twenty dollars for each and 
every such oflfence, to be recovered by action of debt, in any court 
proper to try the same, for the use and benefit of him who shall pros- 
ecute or sue fur the same, or shall be imprisoned in the county jail, or 
in the house of correction, for a term of time not exceeding sixty 
days. 

Sect, 5. If any person or persons be found fishing with any seine 
or net, or with other machine or instrument or instruments, which 
shall be used by any person or persons in taking or carrying away 
any of the fish called shad or alewives, contrary to the true intent and 
meaning of this act, it shall be lawful for any fish-warden or inspector 
chosen by virtue of this act or the law regulating the fishery in the 
town of Middleborough, to seize or take such seine or net or fish or 
implements as before mentioned, and convert and retain the same to 
their own benefit and use, without any process of law whatever, and 
if prosecuted therefor, to give this act as evidence of his authority for 
so doing. 

Sect. 6. The several towns shall, at their annual meeting in the 
months of March or April, choose by ballot, three or more persons, 
being freeholders in said town, as fish-wardens, whose duty it shall 
be, jointly and severally, to see that this act is enforced and prosecute 
for all breaches thereof, and each fisli-warden shall be chosen to the 
faithful discharge of his duty, and cause a record to be made of his 
oath in the town where said fish-warden is chosen, within ten days 
after his election ; and said fish-warden and inspectors, when sworn, 
are authorized to measure seines and nets and to pursue and execute 
the duties of their office in any place where fish may be taken within 



228 LAWS RELATING TO 

the towns aforesaid, and to enter an_y building where they suppose 
this act or an}' parts of it are violated ; and if an}- person, chosen a 
flsh-warden or inspector as aforesaid, shall refuse or neglect to be 
sworn as aforesaid, for the space of five days after he shall be duly 
notified of his election as aforesaid, he shall forfeit and pay a fine of 
ten dollars to the use of said town, to be recovered by action of debt 
by the treasurer thereof, and such town shall proceed to a new choice 
and so on, as often as circumstances shall require ; and if any of the 
towns aforesaid shall neglect to choose fish-wardens as aforesaid, or 
to make sale of their privileges aforesaid, within the time limited 
therefor, according to the moaning of this act, such town shall forfeit 
and pay a fine of one hundred dollars for the use of him or them who 
shall prosecute therefor. 

Sect. 7. The laws heretofore made for the regulation of the fish- 
ery and the passage-way for fish in Taunton Great River, except so 
far as respects the town of Middlebo rough, be and the same are here- 
by repealed : provided, however, that any prosecutions which have 
been or may be commenced, for the recovery of any forfeitures recov- 
ered by virtue of the laws hereby repealed, may be prosecuted to final 
judgment and execution in the same manner as if this act had not 
been passed: m\^ provided, oho, that all contracts made prior to the 
passing of this act, by any of the towns aforesaid, by A'irtue and in 
pursuance of the laws hereby repealed, shall be valid to all intents 
and purposes, this act to the contrary notwithstanding. — [March 24, 
1843. 

1844. 

An Act further to regulate the Fisheries in the Little River. 

1844, 59. Be it enacted, etc., as follows: Sect. 1. The inhabi- 
tants of the towns of West Cambridge and Somerville in the county 
of Middlesex, who now have by law the right to take fish in that part 
of Little River, so called, which lies north of Alewive Bridge and the 
Winter Hill road in said towns, shall hereafter have the right to take 
fish three or four days successively in five of the days on Avhich they 
have by law heretofore had such right, computing from the first day 
of March in each year, and on no other day. 

Sect. 2. Every person offending against this act shall forfeit and 
pay to any person who shall sue for the same, a sum not exceeding 
twenty dollars for each offence. 

Sect. 3. This act shall take eflfect from its passage. — [March 6, 
1844. 

[1846, 149.] 



INLAND FISHERIES. 229 

[Sp. Laws, vol. 1, p. 422.] 
An Act in addition to an Act to regulate tlie Fishery in Taunton Great River. 
1844, 62. Be it enacted, etc., as follows: The purchaser or pur- 
chasers of the fishing privileges sold b}- the town of Somerset and 
located within said town, may improve the same at all times from 
sunrise on Monday morning to sunset on Saturday evening ; and 
Broad Cove in Somerset shall be exempted from the operation of the 
law regulating the fishery on Taunton Great River, anything in the 
act entitled "An Act to regulate the fishery in Taunton Great River," 
passed March twenty-fourth, in the year eighteen hundred and forty- 
three, to the contrary notwithstanding. — [March 6, 1844. 

[Sp. Laws, vol. 3, p. 378; 1837, 184.] 
An Act to regulate the Fishery in Palmer's River. 

1844, 63. Be it enacted, etc., as folloivs: Sect. 1. From and 
after passing this act, no person or persons, except as is hereafter 
provided, shall take shad or alewives with seines or in nets, in Palm- 
er's River in the town of Rehoboth in the county of Bristol, from the 
first day of April to the fifteenth day of June in each year : provided, 
that the inhabitants of Rehoboth may, at a legal meeting held for that 
purpose, dispose of the privilege, at public auction, of taking shad 
and alewives, with scoop-nets only, in said river, for the time afore- 
said, to such person or persons as may offer the highest price for the 
same and shall give sufficient security of the payment of the purchase 
money, at such time and in such manner as the town shall order. 

Sect. 2. The said town may sell said privilege in sections, as the 
town may determine ; and the purchaser or purchasers of any privi- 
lege or privileges of taking shad or alewives aforesaid, or those em- 
ployed by him or them, may take an}' of the said fish in said river 
with scoop-nets, three nights, in the night-time only, in each week, 
beginning on Monday at sunset and ending at sunrise on Thursday, 
and ma\' take said fish in any part of the river aforesaid, between 
Swanzey line and the Orleans Dam on said river in said Rehoboth ; 
and no person shall be allowed to skim or drive the fish in said river, 
nor shall any shad or alewives be taken after the fifteenth day of June 
in each 3'ear. 

Sect. 3. The wears in said river shall be located as follows : the 
first on the river below the end of a fence running from the highway 
between the land of William K. Bullock, John Davis, 3d, and Ariel 
Horton (fishing to commence b^' the land of Joshua Miller) ; second, 
by the land of Borden Munroe ; third, by the land of .Joseph Watson ; 
fourth, by the land of Dr. Samuel Bullock ; fifth, by the land of 
Lovell Bullock ; sixth, by the land of widow Betsey Pierce ; seventh, 
by the land of Lewis Pierce ; eighth, b^' the land of John M. Davis ; 



230 LAWS RELATING TO 

ninth, by the land of John Thurber ; tenth, by the land of John 
Watson ; eleventh, by the land of Dexter Barney ; the wears to be 
situated on either side of the rivers, as the purchaser raay determine, 
the distance between each wear to be not less than twenty rods. 

Sect. 4. The town of Rehobotli, at their annual meeting in March 
or April, ma}' choose one or more suitable persons to serve as flsli- 
wardens, who, when sworn, shall see this act enforced, and may 
prosecute for all violations thereof. 

Sect. 5. If any person shall fish with seine or net in any time, 
place or manner otlier than as before mentioned, or shall set an}' net 
or seine, weir or any other obstruction in said river, or in any part 
thereof, with the intent to take or destroy any shad or alewives, he 
shall forfeit and pay twenty dollars for each offence, to be recovered 
to the use of the county in which the offence was committed, or by 
action of debt, one half to the person prosecuting for the same, and 
the other half for the use of the town in which the offence shall be 
committed. 

Sect, 6. All laws heretofore relating to fishing in Palmer's River 
in the town of Rehoboth, are hereby repealed. 

Sect. 7. This act shall take effect from and after its passage. — 

[March 7, 1844. 

[1852, 92 ] 

[Sp. Laws, vol. 1, p. 353; 1838, 19 ] 

An Act in addition to an Act for the preservation of the Fish called Alewives in Aga- 
wam and Half-way Pond Rivers in the County of Plymouth. 

1844,65. Be it enacted, efc, as follows: Sect. 1. The town of 
Plymouth may choose their fish-committee at their annual town meet- 
ing in March or April, in each year, which committee, when so elected, 
shall have all the powers and duties which they would have had if 
elected in November, anything in the act to which this is in addition 
to the contrary notwithstanding. 

Sect. 2. This act shall take effect from and after its passage. — 

[March 7, 1844. 

[1853, 377.] 

[Sp. Laws, vol. l,p. 166] 

An Act in addition to an Act to regulate the Alewive Fishery in the River and Stream 
in the Town of Harwich. 

1844, 67. Be it enacted, etc., as follows: Sect. 1. The time 
during which the sluice is required, in the second section of the act of 
July fourth, in the year seventeen hundred and eighty-seven, to which 
this is in addition, to be kept open in the dams across Herring River 
in the town of Harwich, is hereby extended from the twenty-fifth day 
of April to the twentieth day of June, in each year, and the penalties 



INLAND FISHERIES. 231 

for obstructing said sluice-ways, provided in said act, shall apply to 
all the time so extended. 

Sect. 2. The provisions of this act shall take effect from and after 
its passage. — [March 7, 1844. 

[1855, 301.] 

1845. 

[1825, 78; 1829,40; 1839, 134.] 
An Act relating to the Fishery in the Ipswich River. 

1845, 79. Be it enacted^ etc., as follows : Sect. 1. The owners 
or occupants of the dam at the Ipswich Manufacturing Company's 
mill in Ipswich, their successors and assigns, shall within six months 
of the passage of this act, construct, in the manner prescribed h}- the 
committee hereinafter named, a good and sufficient passage-wa}- for 
the flsli to pass over said dam up Ipswich River ; and the said owners 
shall keep said passage-way or cause the same to be kept open and 
in good repair from the tenth day of April to the first day of June, 
annually, under a penalty not exceeding twentj' dollars for each and 
every day they shall neglect so to do, to be recovered in any court of 
competent jurisdiction, to the use of the town which shall sue therefor. 

Sect. 2. Solomon Davis, of Truro, Oliver Ames, of Easton, John 
Dunlap, of Provincetown, James Long, of Harwich, Josiah O. Law- 
rence, of Cohasset, Caleb Lombard, of WellQeet, and Richard 
Stevens, of Truro, are hereby appointed a committee for the purpose 
named in the preceding section. 

Sect. 3. All provisions of law inconsistent with this act are 
hereby repealed. — [February 26, 1845. 

[1845,91; 1855. 171.] 

An Act relating to the Fish-way at Manning's Dam across Ipswich River. 

1845, 91. Be it enacted, etc., as foUoivs : Sect. 1. The owner 
or occupants of the dam erected by Thomas Manning across Ipswich 
River, his assigns or successors, may construct, in the manner pre- 
scribed by the committee hereinafter named, a good and sufficient 
passage-way for the fish to pass over said dam up Ipswich River ; and 
the said owner or owners shall keep said passage-wa}- or cause the 
same to be kept open and in good repair from the tenth day of April 
to the first day of June, annually, under a penalt}- not exceeding 
twenty dollars for each and every day they shall neglect so to do, to 
be recovered in any court of competent jurisdiction, to the use of the 
town who shall sue therefor. 

Sect. 2. Solomon Davis, of Truro ; Oliver Ames, of Easton ; 
John Dunlap, of Provincetown ; James Long, of Harwich ; Josiah O. 
Lawrence, of Cohasset; Caleb Lombard, of Wellfleet, and Richard 



232 LAWS RELATING TO 

Stevens, of Truro, are hereby appointed a committee for the purpose 
named in the preceding section. 

Sect. 3. Whenever a fish-wa}' shall be constructed at said Man- 
ning's Dam, as ordered b}- the above committee, all former laws 
relating to fish-ways at said dam shall be repealed. — [Februar}- 28, 
1845. 

An Act to incorporate the White Pond Fishing Company. 

1845, 130. Be it enacted^ etc., as folio ic s : Sect. 1. Henry Kel- 
ley, John Robbius, Job Chase, their ass )ciates and successors, are 
hereby made a corporation by the name of the White Pond Fishing 
Company, in Harwich, for the purpose of making improvements for 
the preservation and taking of fish called alewives, in a brook 
between Herring River, and a pond known as the White Pond, in 
said Harwich, and f.-r that purpose sliall have all the powers and 
privileges and be subject to all the duties, restrictions and liabilities 
set forth in the fort3-fourth chapter of the Revised Statutes. 

Sect. 2. If an}' person without the permission of said corporation, 
shall take, catch or haul on shore an}' of said fish in the brook or the 
pond from which said brook issues, he shall forfeit and pay a fine not 
exceeding five dollars for each offence, if the quantity so taken be les? 
than one barrel ; but if the quantity be more than one barrel, such 
person so offending shall forfeit and pay for each barrel of fish so 
taken, five dollars for the use of said corporation, to be recovered in 
any court proper to try the same. 

Sect. 3. If any damage shall be done by said corporation to the 
property of any individual not a member of the corporation, such 
individual shall be entitled to reasonable damage therefor. 

Sect. 4. All persons who now are or shall hereafter be owners of 
land adjoining said brook or pond, may become members of said cor- 
poration, subject, however, to [)ay their proportional part of the ex- 
pense which shall have been incurred by said corporation, before the 
time of their admission. 

Sect. 5. This act shall take effect from and after its passage. — 
[March 15, 1845. 

[Sp. Laws, vol. 1, pp. 238, 512; 1844, 59.] 
An Act relating to the Fishery in Little River. 
1845, 149. Be it enacted, etc., as follows: Sect. 1. The fifth 
section of the act passed on the' fourteenth day of February, in the 
year one thousand eight hundred and twenty-one, is hereby re- 
pealed. 

Sect. 2. All persons now having a right of fishing with seines in 
that part of Little River which lies within seventeen rods from its 



INLAND FISHERIES. 233 

juncture with M3-stic Riati', in tlie county of Middlesex, may take fish 
in the manner provided b\' law, on two Mondays successively in three 
of the Mondays between the first da}- of March and the last day of 
June in each year, except on the first and second Monday's of the 
time, during which persons living in West Cambridge and Somerville 
and having a right to fish in that part of Little River south of Alewivc 
Bridge and the Winter Hill road, may exercise that right, and on no 
other days. 

Sect. 3. Every person offending against this act shall forfeit and 
pa}', to any person who shall sue fur the same, a sum nut exceeding 
twenty dollars. 

Sect. 4, This act shall take effect from and after its passage. — 
[March 18, 1845. 

An Act to incorporate the Herring River Company. 

1845, 161. Be it enacted, etc., foWnvs: Sect. 1. Anthony Kel- 
ley. Job Chase and Richard Baker, Jr., their associates and succes- 
sors, are hereby made a corporation by the name of the "Herring 
River Company," for the purpose of deepening anrl protecting the 
mouth and channel of Herring River, so called, in the town of Har- 
wich and County of Barnstable, with all the powers and privileges and 
subject to all the duties, restrictions and liabilities set forth in the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said company, for the purposes aforesaid are hereby 
authorized to make excavations, embankments and fences, and to drive 
piles along the banks of said river and into the sea, in such direction 
and to such extent as they shall deem expedient : provided, that in 
no case shall the legal riglits of any persons or corporations whatever 
be affected by this act. 

Sect. 3. Any person who shall wilfully and maliciously injure or 
destroy any embankments, fences, piles or other works erected by 
said company in accordance with the provisions of this act, shall be 
liable to a penalty of fifty dollars for ( ach offence, to the use of the' 
Commonwealth, to be recovered by indictment therefor. 

Sect. 4. This act shall take effect from and after its passage. — 
[March 20, 1845. 

1846. 

[Sp. Laws, vol. 2, p 431.] 
An Act to authorize the Town of Weymouth to transfer a Right of Fishing. 

1846, 92. Be it enacted, etc., as follows: Sect. 1. From and 
after the time of this act going into effect, the Weymouth Iron Com- 
pany shall have and enjoy all the rights and privileges in respect to 
the taking of alewives within the limits of the town of Weymouth, > 



234 . LAWS RELATING TO 

now belonging to said town ; and any committee, and any member or 
members of said committee, that shall be appointed from time to time 
b3' said compan}', or b}^ the directors thereof, to regulate, superintend, 
or have charge of, or the care and management of the taking and dis- 
posing of said fish, shall dispose of the same for the benefit of said 
company, and account with the said company for the proceeds thereof; 
and such committee, or either of them, shall have power and authority 
to remove from or out of Back River, in said town, and the brooks 
and streams leading to Great Pond and Whitman's Pond, in said 
town, an}' obstructions that may be made to the free passage of said 
fish into said ponds or repassing from them into the sea ; and said 
committee going, or either of them, into the land of any person or per- 
sons for this purpose, shall not be deemed or held as a trespass ; and 
the said committee, or a major part of them (if more than one) shall 
determine the particular place or places where the said fish shall be 
taken, and give public notice thereof by posting up one or more 
notifications in some conspicuous place or places in said town, on 
or before the first day of May annuall}'. 

Sect. 2. No person shall catch or take any of said fish in any of 
the rivers, brooks or streams, canals or water channels leading to or 
from the said ponds, without the direction or leave of said committee, 
or a major part of them ; and whosoever shall take, catch or haul on 
shore any of said fish with a seine, scoop-net or drag-net, in either of 
the ponds aforementioned, or in Weymouth Back River, or in the 
river, brooks, streams, canals or channels tlirough whicli the said fish 
pass into said ponds, or shall, with any seine, scoop-net or drag-net, 
or in any other way obstruct the passage of said fish to or from said 
ponds, or either of them, or shall obstruct said committee, or either 
of them, in the execution of their duty, shall for each such offence for- 
feit and pay not exceeding thirteen dollars nor less than ten dollars ; 
and in case the offence be committed in the night a sum not exceeding 
thirty dollars nor less than twenty- dollars, to be prosecuted or sued 
' for, and recovered, in any court proper to try the same, in an acti' n 
on the case, or other proper form of action, in the name of said Wey- 
mouth Iron Compan}', or the name or names of such committee, for 
the benefit of said company, saving when any person shall give in- 
formation of an}- breach of this act, he shall, upon conviction of the 
offender, be entitled to one third part of the forfeiture recovered ; and 
no person shall be considered as disqualified from being a witness on 
any trial that may be had pursuant to this act, on account of his 
being an inhabitant of said town, or of his being a member of said 
committee. 

Sect. 3. Each householder in said town of Weymouth shall, on his 
making seasonable application for that purpose to said committee, or 



INLAND FISHERIES. 235 

any member thereof, or to the person emplo3-ed b}' said committee to 
superintend, regulate and manage the taking of said fish at the place, 
or an}' of the places for taking the same, have the right to purchase 
four hundred fresh alewivcs for his own consumption, of those which 
shall be taken each year under authority of said committee, at the 
price of twent3--five cents per hundred, before said alewives shall be 
cured or otherwise disposed of: provided, the person so applying shall 
be ready seasonably to pay for and remove such quantity, and in case 
any such inhabitants so applying, and being so ready to pay for and 
remove said quantity of fresh fish, shall not be supplied therewith, as 
far as the quantity taken under authority of said committee shall 
sufflce for the purpose, said company shall forfeit to him the sum of 
five dollars, to be sued for and recovered by him in his own name, in 
an action of debt or on the case, or other proper action of proceeding 
against said corporation or against said committee, or any member 
thereof, in any court proper to trj- the same. 

Sect. 4. The agreement heretofore entered into between the pro- 
prietors of the falls and water privileges on Alewive River, otherwise 
called Back River, and the town of Weymouth, as recited in the pre- 
amble of the special act of 1825, chapter forty-eight, entitled '• An 
Act in addition to an act for the regulating and disposing of the fish 
called alewives within the limits of the town of Weymouth, and for 
the more effectually securing to said town the advantages thereof," 
shall still be and remain in force, as also said additional act, the fore- 
going provisions of this act notwithstanding, excepting that in respect 
to the provisions of said additional act, the said Weymouth Iron Com- 
pany shall be substituted in the place of the town of Weymouth, as a 
party to the terms of said agreement and the provisions of said addi- 
tional act ; and an}' committee appointed by said company, from time 
to time, in pursuance of the provisions of the first section of this act, 
shall be substituted in the place of, and have the rights, powers and 
duties of, and be subject to the provisions of said additional act, re- 
lating to the fish-committee of said town. 

Sect. 5. The purchase money for said privilege, paid to said town 
of Weymouth in pursuance of this act, shall be kept as a fund, to be 
managed and invested b}' the treasurer of said town of Weymouth, or 
b}' any person or committee appointed or authorized by said town for 
the purpose ; and the same shall be loaned only on security of real 
estate, except to said town ; and the annual interest and income of 
said fund shall be annually expended for the support of schools in 
said town, to be divided in the same manner as other moneys raised 
for the support of schools. 

Sect. 6. This act shall go into effect, on said town of Weymouth 
causing to be conveyed to said company the fish house for said fishery, , 



236 LAWS RELATING TO 

and the land under the same, and adjoining thereto, belonging to said 
town, and the said company paying to the selectmen of saitl town, 
or either of them, a sum of money, the annual interest of which, at six 
per cent, per annum, is or shall be absented and agreed to b}' said 
selectmen as sufficient to yield an annual interest equal to the net an- 
nual income of said fishery for the last thirty years. — [March 11, 184G. 

[Sp. Laws, vol. 1, p. 272; vol. 3, p. 43.] 
An Act to repeal the Laws regulating the Fishery in Merrimack River. 

1846, 192. Be it enacted, etc., as foUoivs : Sect. 1. From and 
after the passing of this act, the several laws regulating the fisheries 
in Merrimack River, are hereb}' repealed, except so much of said laws 
as relate to any sluice or passage-way, dams or other obstruction to 
the free passage of fish up and down said river, and said appeal shall 
in no wise affect any legal rights that may have accrued under said 
laws. — [April 7, 1846. 

1847. 

[1824,94; 1829,84.] 

Ax Act to regulate the Herring or Alewive Fishery in Chappaquonset Pond and Creek 
in the Town of Tisbury. 

1847, 40. Be it enacted, etc., as fullows : Sect. 1. The inhabi- 
tants of Tisbury in the county of Dukes Count}*, at their annual 
meeting in the month of March or April, shall choose one or more 
discreet persons as a fish-committee, who shall be sworn to the faith- 
ful performance of their duty, and whose duty it shall be to regulate 
the herring or alewive fisliery in Chappaquonset Pond and Creek in 
said town ; to prescribe the time, manner, place or places where said 
fish may be taken by the inhabitants of said town ; also to remove any 
obstruction that may be in said creek, and to keep the stream open 
for the passage of said fish from the Vine3"ard Sound or Sea, into 
Cha|)paquonset Pond, so that the inhabitants of said town may enjoy 
a free fishery. 

Sect. 2. The fish committee for the time being, shall post up, at 
three or more public places in said town, on or before the tenth day 
of March in each year, the regulations established by said committee 
respecting the fishery in Chappaquonset Pond and Creek. 

Sect. 3. Any person who shall oppose or obstruct said committee 
in the perf amance of their duty, or shall obstruct said fish in their 
passage, or take or destroy any of said fish at any time or place, 
except at such time or place as said committee shall direct, on con- 
viction before any justice of the peace in the county of Dukes County 
not an inhabitant of the town of Tisbury, shall forfeit and pay a fine 
for each otfence, not exceeding twenty dollars, one half to the use of 



INLAND FISHERIES. 237 

the town, the other half to the person or persons giving the informa- 
tion. 

Sect. 4. All persons not otherwise disqualified shall be taken to 
be competent and legal witnesses in an}- prosecution upon this act, 
the}' being inhabitants of the town of Tisbtiry notwithstanding. 

Sect. 5. The selectmen of the town of Tisbury are hereby em- 
powered to direct the fish-committee to take and sell such part of the 
fish taken in said creek as shall be sufflcient to paj' all expenses that 
have accrued or may accrue in securing and preserving said fisherj' : 
X)rovided^ that the quantit}' or number so required shall not exceed 
one-sixth part of all the fish taken by the inhabitants of said town, in 
an}' one year, at said fisliery. 

Sect. 6. If any damage is sustained by the owners of the land on 
which said fish are taken by the inhabitants of the town of Tisbury, 
the selectmen of said town shall pay a reasonable compensation there- 
for, when demanded. And in case of a refusal by the selectmen to 
pay a reasonable compensation the same may be recovered by an 
action on the case against the said town of Tisbury. 

Sect. 7. No person shall take any herring or alewives from the 
Vineyard Sound or Sea within one mile of said Cliappaquonset Creek, 
or make any new outlets from Chappaquonset Pond, except it shall be 
done by a vote of the inhabitants of the town of Tisbury, at a hgal 
meeting warned and held for that purpose. 

Sect. 8. Nothing in this act shall be so construed as to prevent 
the owners of marsh or meadows from flowing or draining their 
meadows through Chappaquonset Creek, whenever it can be done with- 
out obstructing the passage of the herrings or alewives to or from 
Chappaquonset Pond. And nothing in this act contained shall affect 
any suit now pending, or the legal rights of any person. — [March 4, 
1847. 

[Sp. Laws, vol. 2, p. 222.] 
Ax Act to regulate the Herring Fishery in the Town of Falmouth. 
1847,94. Be it enacted^ etc., as follows: Sect. 1. The inhabi- 
tants <;f the town of Falmouth in the county of Barnstable, may, at 
any legal meeting called for that purpose, prescribe the times, manner 
and places for taking alewives or herrings in Dexter's River, and other 
waters connecting Coonamisset Pond with the Vineyard Sound or Sea, 
and also in the other rivers, streams and ponds which have heretofore 
been used by the inhabitants of said town as herring fisheries ; and 
they may also at said meeting adopt such further rules and regulati(jns 
as may by them be deemed expedient for the preservation of said fish- 
cry ; and they may dispose of the piivilege of taking said fish in any 
way or manner they may think proper; and they shall choose by- 



238 LAWS RELATING TO 

ballot a committee, consisting of three discreet persons, who shall 
cause the regulations adopted b}* said town to be carried into effect, 
and who shall be sworn to the faithful performance of their dut}'. 

Sect. 2. The selectmen for the time being shall post up the regu- 
lations so established, in three or moi-e public places in said town, in 
each and every year, within one week after their passage. 

Sect. 3. If any person shall take any of said fish in any of the 
waters aforesaid, at an}' time or in any manner other than shall be 
allowed by said town, he shall, for each offence, on conviction thereof, 
pay a fine not exceeding five dollars ; and if an}' person shall, in 
either of the months of March, April, May or June, without permis- 
sion of the town or fish-committee, set or shoot a seine in the Vine- 
yard Sound, within forty rods of the mouth of said rivers or streams, 
for the purpose of taking said fish, he shall, for each offence, on con- 
viction thereof, pay a fine not exceeding twent}' dollars ; the fines and 
foifeilures to be recovered in an}' court proper to try the same, one 
half to the use of the town, and the other half to him who shall pros- 
ecute therefor ; and in all such prosecutions any inhabitant of said 
town not otherwise disqualified shall be a competent witness : provi- 
ded, that this act shall in no wise be so construed as to affect the 
legal rights of any corporation or persons whatever. 

Sect. 4. The acts passed on the second day of March in the year 
one thousand seven hundred and ninety-eight, and on the first day of 
March in the year one thousand seven hundred and ninety-nine, to 
prevent the destruction and to regulate the catching of alewives in 
the rivers and streams of the town of Falmouth in the county of 
Barnstable, are hereby repealed. 

Sect. 5. This act shall take effect from and after its passage. — 

[March 17, 1847. 

[1855, 279.] 

1848. 

[1819, 98.] 

An Act to repeal "An Act to prevent the Destruction of Fish in the several Ponds in 

the Town of Haverhill." 

1848, 12. Be it enacted, etc., as follows: Sect. 1. An act en- 
titled " An Act to prevent the destruction of fish in the several ponds 
in the town of Haverhill," passed on the seventh day of February, in 
the year one thousand eight hundred and twenty, is hereby repealed : 
provided, that nothing in this act shall be so construed as to release 
or absolve any person or persons from any liability incurred under or 
b}' any provision of the act hereby repealed. 

Sect. 2. This act shall not have the effect to revive any statute 
law relating to the subject of the act hereby repealed, and which may 
have beeu in force prior to the passage of tbe said repealed act. 



INLAND FISHERIES. 239 

Sect. 3. This act shall take effect from and after its passage. — 
[February 14, 1848. 

[1839, 83.] 
An Act in addition to an Act to incorporate tlie Trap's Creek Fishing Company, in 

Edgartown. 

1848, 47. Be it enacfed, etc., as folloivs : Sect. 1. The present 
owners ol' lands adjoining the said Trap's Pond or Creek, shall have 
each one share onl}- in said fisher3-, and no one of them shall, by con- 
veyance of descent of his lands, create or cttuse to be created, an 
additional niniiber of shares : i^rov/rffd, however, that each of the 
present owners and his successor, may divide his original share into 
parts or fractions. 

Sect. 2. This act shall lake effect from and after its passage. — 

[March 18, 1848, 

[1855, 299.] 

[Sp Laws, vol. 1, p. 269; 1814, 128.] 
An Act lelating to the Alewive Fisherj' in North River. 
1848, 116. Be it enacti^d, etc., os follows : Sect. 1. So much of 
the act passed February twenty-fifih, in the year one th(;usand eight 
hundred And fifteen, as prescribes the length of seines to be used in 
the North River in the taking of alewives, be and the same is hereby 
repealed : provided, however, that the legal rights of any person and 
corporations, who may have commenced suits under the provisions of 
the law hereby repealed, shall remain the same as before the passage 
of this act. 

Sect. 2. This act shall take effect from and after its passage. — 
[April 18, 1848. 

[1852, 66; 1853, 350; 1856, 83; 1872, 229; 1875, Res. 36; 1876, 103.] 

An Act to incorporate the Pocha Pond Meadow and Fishing Company. 
1848, 185. Be it enac'ed, etc., as follows: Sect. 1. John Vinson, 
J. T. E. Gage, William W. Hnxford, their associates and successors, 
are herel\y made a corporation by the name of the Pocha Pond Meadow 
and Fishing Company, in Edgartown, in Dukes County, and are em- 
powered to close the outlet of said pond by building a causewaj'^ from 
the twenty-acre lot, so called, to Cape Poge Beach in said Edgar- 
town : provided, that said causewa}' shall be built of suitable width 
and kept in such I'epair that loaded carriages may pass and repass in 
safety over the same, and shall at all times be free for the [)ublic to 
travel over ; and to make a new outlet or creek from Pocha Pond into 
the harbor of Edgartown, through lands of said proprietors, at a con- 
venient place, for the purpose of draining the meadows and for regu- 
lating the herring fisher}^ thereby created : provided, that suitable 
bridges shall be built over said creek or outlet, where carriages 



240 LAWS RELATING TO 

usually pass ; and for these purposes, shall have all the powers and 
privileges and be subject to all the duties, restrictions and liabilities, 
set forth in the fortj'-fourth chapter of the Revised Statutes. 

Sect. 2. If any person, without the permission of the corporation, 
shall take, catch or haul on shore any herring in said pond or creek, 
or outlet which may be made therefrom, he shall forfeit and pay for 
the use of said corporation a sum not exceiding three dollars, if the 
quantity so taken be less than one barrel ; but if the quantit}' be 
more than one barrel, the person so offending shall forfeit and pay 
for each barrel of herring so taken, the sum of five dollars, to be 
recovered in any court proper to try the same. 

Sect. 3. Nothing herein contained shall deprive an}' inhabitant of 
the town of Edgartown of the privilege of taking an}' fish other than 
herring from said creek, pond or outlet. 

Sect. 4. If any person, not a proprietor of this corporation, shall 
receive damage by the flowing of his meadows or in closing the 
present outlet, the county commissioners of Dukes County, after a 
hearing of all parties interested, shall estimate the amount of damages 
which such person may have sustained by said corpo;ation, which 
damages, if any, said corporation shall pay; and either part}', if dis- 
satisfied wiih any estimate made by said commissioners, may apply 
for a jury to assess the damages, either at the same meeting at which 
such estimate shall be completed and returned or at the next regular 
meeting of said county commissioners ; and the like proceedings shall 
be had thereon as are provided for the recovery of damages for laying 
out highways. 

Sect. 5. All persons who now are owners of land adjoining said 
pond or creek, or outlet to be made therefrom, may become members 
of said corporation at any time previous to the commencing by said 
corporation, to close said outlet. 

Sect. 6. The present owners of land adjoining said pond or creek 
or outlet, shall have each one share only in said fishery ; and no one 
of them shall, by conveyance or descent of his lands, create or cause 
to be created, an additional number of shares: provided, however, 
that each of the present owners or his successor or successors, may 
divide his original share into parts or fractions. — [April 25, 1848. 

[1851, 126; 1856, 45.] 

[1823, 97.] 
An Act concerning the Alewlve Fishery in Saugns River. 

1848, 187. Be it enacted, etc., as folloios: Sect. 1. The towns 
of Lynn, Saugus and South Reading may, together or separately, 
enforce the laws which regulate the alewive fishery in the Saugus 
River and its tributary streams, in their several towns. 



INLAND FISHERIES. 241 

Sect. 2. All acts inconsistent with the provisions of this act are 
hereby repealed. — [April 25, 1848. 

[1852, 48.] 

1849. 

An Act to protect the Trout Fishery in Marshpee River. 

1849,36. Be it enacted^ etc., as follows : Sect. 1. No person 
shall take any trout in Marshpee River, in the district of Marshpee, 
in the county of Barnstable, from the fifteenth day of September in 
each year to the first day of April in the 3'ear next ensuing. 

Sect. 2. No person except the proprietors of said district shall 
take any trout in said river, at any time, without a written permit 
from the treasurer of Marshpee, which shall specify the time when 
and the places where the person holding the same is allowed to take 
fish ; and no person shall at any time use an}' other means of taking 
trout in said river than by angling with hooks and lines. 

Sect. 3. The said district maj', by vote in legal meeting, make 
any regulations or b^-laws respecting said fishery which may not be 
repugnant to the provisions of this act ; and the income from said 
fishery shall inure wholly to said district. 

Sect. 4. Any person offending against the provisions of this act, 
or any regulations or by-laws passed b}' authority' of the third section 
of this act, shall forfeit and pa}' a fine of five dollars for each and 
every offence, to be recovered b}' prosecution, before any justice of 
the peace in the county of Barnstable, to the benefit of said district; 
and the proprietors of said district shall be competent witnesses o'n 
the trial of any such process. 

Sect. 5. Any person who shall have in his possession any trout 
taken from said river contrary to the provisions of this act, knowing 
the same to have been so taken, shall forfeit the sum of fifty cents for 
ever}^ trout so found in his possession. 

Sect. 6. If any minor shall offend against the provisions of this 
act, the parent, master or guardian of such minor shall be liable, and 
may be prosecuted accordingly therefor. 

Sect. 7. All prosecutions under this act shall be commenced within 
sixty days from the time when the offence is committed. 

Sect. 8. This act shall take effect from and after its passage. — 
[March 16, 1849. 

[1853, 186 ; 1859, 105 ; 1860, 46.] 

[1814, 134; 1815,83] 
An Act to authorize the Towns of Dennis and Yarmouth to regulate the Fislieries in 

Bass River. 

1849, 37. Be it enacted, etc., as follows: Sect. I. The towns 
of Dennis and Yarmouth, in the count}' of Barnstable, are hereby 



242 LAWS RELATING TO 

authorized and empowered, at any legal meeting of the inhabitants of 
said towns, to choose three persons in each town for a fish-corarailtee, 
who shall be inhabitants of the towns for which thej are chosen, and 
who shall be sworn to the faithful performance of their duty. The 
said committees shall meet together annually, on or before the twen- 
tieth da}' of April, at such time and place as a majority of them may 
appoint ; and when so united, shall be considered a joint committee 
for enforcing tlie provisions of this act. Tlie major part of this joint 
committee present at such meeting, or at any subsequent meeting 
before the twentieth day of April in each year, are hereby authorized 
and empowered to order the time, place and manner in which it maj- 
be lawful to take an}' of the fiyh called heriings or alewivcs and perch 
in Bass RiA^er, or the ponds and streams connected therewith, and 
may prescribe the length of the seines, nets or other instruments 
which ma}' be used for taking such fish, together with the length of 
the lines attached theleunto ; and may appoint and grant perdiits to 
suitable persons, being inhabitants of one of said towns, to catch any 
of the said fish in the said river, or in the ponds and streams connected 
therewith, and fix the compensation to be paid to the said towns for 
such permits ; and shall determine the quantity of said fis^h which each 
family in said towns shall receive from such catchers, and establish 
the price therefor ; and when directed by a vote of both the said towns, 
may sell at auction or otherwise the exclusive right of fi&hing in said 
river and its waters to one or more persons for a term of time not 
longer than one fishing season, at one sale, upon such terms and con- 
ditions as the said towns or said joint committee may direct. 

Sect. 2. If either of the said towns of Dennis or Yarmouth shall 
■have chosen its fish-committee according to the provisions of this act, 
find the other town shall neglect or refuse so to do, then the com- 
mittee which is lawfully chosen shall have all the power and authority 
which is intended by this act to be conferred on the said joint com- 
mittee. 

Sect. 3. The said committee or a majority of them, are hereby 
fully authorized and empowered to cause the natural streams through 
which the said fish pass to be kept open and without obstruction ; to 
remove such obstructions as may be found therein, and to make the 
•said passage-ways wider and deeper if they shall judge necessary ; 
and the said committee, or either of them, by paying a reasonable 
consideration therefor, if demanded, shall have authority for these 
purposes to go on the land or meadows of any person through which 
the said streams run, without being considered as trespassers ; and any 
person or persons who shall molest, or in any way hinder the said 
committee, or either of them, in the execution of the duties of their 
oflQce, or shall obstruct any passage-way in the said Bass River, or in 



INLAND FISHERIES. 243 

the ponds or streams connected therewith, otherwise tlian may be 
allowed b}' the said committee, shall forfeit and pay a fine not exceed- 
ing twenty dollars for ever}- such offence. 

Sect. 4. If any person or persons shall take any of the said fish 
called herrings, alewives or perch, in the said Bass River, or in the 
ponds and streams connected therewith, or within half a mile, in an}' 
direction, from the month of said river, at any time or place or in any 
manner other than may be allowed b}^ the said committee, each person so 
offending shall for each and every such offence, upon conviction thereof, 
forfeit and pay a fine not exceeding ten dollars, if the quantity of fish 
so taken be less than one barrel, but if the quantity- of fish so taken 
shall be one barrel or more, such person or persons so offending shal 
forfeit and pay for every bari'el of fish so taken a sum not more than 
twenty dollars nor less than ten dollars. 

Sect. 5. If any vessel, boat or craft shall be found within the lim- 
its of the said river or the ponds or streams connected therewith, or 
within half a mile of the said river's mouth, with an}' more of the said 
fish on board the same than is allowed by said committee, or if any 
person or persons, with an}- such vessel, boat or craft shall be detected 
in taking or in attempting to take any of the said fish in any manner 
different from the regulations of said committee, or with seines, nets 
or other instruments of a kind or size different from that established 
by the said committee, it shall be the duty of such committee, or 
either one of them, and they are hereby authorized to seize such ves- 
sc4, boat or craft, seine or other instruments, and detain the same not 
exceeding forty-eight hours, in order that the same may be attached 
by due process of law, and made answerable for such fines and for- 
feitures incurred, with costs of suit. 

Sect. 6. All fines and forfeitures incurred under this act shall go, 
one half to the said towns of Dennis and Yarmouth, and the other 
half to the pei-son who shall prosecute for the same, excepting that 
when the said committee or either on^ of them shall prosecute, then 
the forfeitures shall accrue wholly to the said towns, to be recovered 
by complaint before a justice of the peace, or in any court competent 
to try the same. 

Sect. 7. All laws heretofore passed regulating the fisheries in 
either of the towns of Dennis and Yarmouth, which are inconsistent 
with the provisions of this act, are hereby repealed, excepting that a 
fish-committee which may be chosen the present j-ear under the pro- 
visions of any existing law, shall be considered the committee of such 
town under the operation of this act. 

Sect. 8. This act shall take eflfect from and after its passage. — 

[March 16, 1849. 

[1869, 384.] 



244 LAWS RELATING TO 

An Act authorizing the erection of a Fish Weir in the Town of Eastham. 

1849, 64. Be it enacted, etc., as Jollows: Sect. 1. Joshua Hig- 
gins, junior, Scotto Cobb and their associates, of Eastham, in the 
county of Barnstable, are hereby aulliorized to erect and maintain in 
said town, a weir for taking fish, on their land at or near a place 
called Cook's Brook, on the bay side of said town, extending from 
the upland to low-water mark : provided, that the said weir shall not 
be so constructed or maintained as to obstruct the navigation at said 
place. 

8ect. 2. If any person shall wilfully injure or destroy said weir, or 
any part thereof, or shall, without leave of the owners thereof, take 
from the same an}' fish found therein, he shall, upon conviction, for- 
feit and pay to the use of the owners of said weir a sum not exceed- 
ing twent}' dollars, to be recovered in anj- court of competent juris- 
diction, and shall, moreover, be liable to the parties injured for all 
damages, in a civil suit. — [March 29, 1849. 

' [1821, 97 ; 1849, 219.] 

An Act to prevent the Seining of Fish in the Harbors of New Bedford and Fairhaven. 
1849, 128. Be it enacted, etc., as follows: Sect. 1. No person 
shall set, draw or use any seine or net in the harbors of New Bedford 
and Fairhaven or the waters falling into said harbors north of a line 
drawn due east from the almshouse in New Bedford to Fairhaven, for 
the purpose of taking an}' description of fish other than menhaden, 
and anj' person ofl^ending against the provisions of this act, shall for- 
feit and pay the sum of twent}' dollars for each offence, to be recov- 
ered by complaint before the justice of the police court in New Bed- 
ford, or any justice of tlie peace, to the use of the complainant. — 

[April 20, 1849. 

[1854, 293.] 

[1821,97; 1849, 128.] 

An Act in addition to an Act entitled'' An Act to prevent the Seining of Fish in the 

Harbors of New Bedford and Fairhaven." 

1849, 219. Be it enacted, etc., as follows : Sect. 1. Nothing con- 
tained in the act entitled " An Act to prevent the seining of fish in 
the barbers of New Bedford and Fairhaven, "^ passed the twentieth day 
of April in the 3'ear one thousand eight hundred and forty-nine, shall 
be construed to appl}' to the herring fisheries in Acushnet River, from 
Island Marsh, so called, in said river, northwardl}', to the head waters 

thereof.— [May 2, 1849. 

[1854, 293.] 



INLAND FISHERIES. 245 

1850. 

[1833, 211 ; 1855, 156; 1858, 95.] 
An Act for the protection of the Fisheries in the vicinity of Nantucket. 

1850, 6. Be it enacted^ etc., as follows: Sect. 1. From and after 
the first clay of Jul}' next it shall not be lawful for any person or per- 
sons to take any fish b}- seining, within one mile from the shores of 
Nantucket, Tuckernuck, Smith's, Muskeeket and Gravel Islands. 

Sect. 2. The provisions of the sixteenth section of the fifty-fifth 
chapter of the Revised Statutes in regard to the town of Chatham, 
shall be and the same are hereby extended to the town of Nantucket. 

Sect. 3. Any person violating any provisions of this act, shall 
forfeit and paj' for each offence the sum of fiftj- dollars. 

Sect. 4. The said town of Nantucket is hereby authorized to 
choose, at the annual town meeting or at an}' meeting duly warned 
for that purpose, such number of fish-wardens as may at the time be 
deemed necessary, who shall be sworn to the faithful discharge of 
their duty, whose duty it shall be to prosecute for every offence against 
any provisions of this act. 

Sect. 5. If any boat or craft be found within or without the limits 
aforenamed with fish of any kind on board, taken within said limits 
contrary to the provisions of this act, it shall be the duty of said fish- 
wardens to seize such boat or craft, and detain the same not exceed- 
ing forty-eight hours, in order that the same may be attached or 
arrested by due process of law, for the better security of the pa3'ment 
of the penalty for the violation of the provisions of this act, together 
with the costs of the suit : provided, however, that as soon as the 
master or owner of such boat or craft shall pay such penalty to the 
treasurer of the town of Nantucket (if he pa}' the same before being 
sued therefor) , such boat or craft shall be discharged, with the effects 
therein. 

Sect. 6. All fines and penalties recovered and received by virtue 
of this act, shall go, one-half to the treasurer of Nantucket, for the 
use of said town, the other half to the complainant ; and said for- 
feitures, fines or penalties may l)e recovered, together with legal 
costs of suit, by an action of debt, in any court of record proper to 
try the same. — [February 5, 1850. 

[1870, 284.] 

An Act to incorporate the Great Marsh Dyking, Water-Power and Fishing Company. 
1850,73. Be it enacted, etc., as follows: * * * Sect. 4. Said 
corporation shall have the exclusive ownership of any herring or other 
fishery created in consequence of the location of said dyke, together 
with the right of regulating such fisheries and taking the fish therein, 
to their own exclusive use, * * * — [March 14, 1850. 



246 LAWS RELATING TO 

An Act to incorporate the Wequabsqna Fishing Company. 

1850, 99, Be it enacted^ etc., as follows: Sect. 1. Charles 
Weeks, Samuel T. Hancock, Moses A. Majhew, Tristram Allen, 
Calvin O. Adams and others, their associates and successors, pro- 
prietors of the lands adjoining a pond, situated in the south part of 
the town of Chilmark, known by the name of Chilraark Pond, are 
hereby made a corporation b}' the name of the Wequabsqna Fishing 
Company, for the purpose of taking fish in the limits hereinafter 
specified ; and for this purpose shall have all the powers and privi- 
leges, and be subject to all the duties, restrictions and liabilities 
contained in the forty-fourth chapter of the Revised Statutes, passed 
on the fourth da}' of November, one thousand eight hundred and 
thirty-five. 

Sect. 2. All persons who are proprietors of the lands as aforesaid, 
shall have the right to become members, bear the expenses and share 
the profits, of the company, in like proportion as was the estimated 
value of their several meadows, according to the valuation of the 
commissioners of sewers, in the ^^ear one thousand eight hundred and 
fort3'-eight, to the value of the whole. 

Sect. 3. The said company are hereb}' empowered to maintain a 
creek or canal from said pond, across the neck of land called Wequab- 
sqna, to the sea, with the exclusive privilege and control of the fishery 
in said creek and so much of the pond as lies within ten rods from the 
head of the creek, and also so much of the sea or ocean from high- 
water mark, as lies within the distance of flft}' rods from the mouth 
of said creek. 

Sect. 4. If any person, in violation of the b^'-laws of said com- 
pany shall take, catch or destroy any fish within the limits named in 
the preceding section, he shall forfeit and pay for each offence, a sum 
not exceeding twent}' dollars nor less than five dollars, one half to 
the complainant and the other half to tlie town of Chilmark. 

Sect. 5. Either of the persons named in the first section of this 
act, is hereby authorized to call the first meeting of the company, b}' 
causing a notification, stating the time and place of meeting and the 
business to be acted upon, to be published in the "Vineyard Gazette," 
a newspaper printed in the town of lC<igartown or b}' giving notice to 
each proprietor. 

Sect. 6. This act shall take effect from and after its passage. — 
[March 20, 1850. 

[1815, 83.] 
An Act concerning the AleAvive Fishery in the Town of Dennis. 

1850,148. Be it enacted, etc., as foHoivs : Sect. 1. So much of 
an act passed on the twenty-fourth day of February, in the j'ear one 



INLAND FISHERIES. 247 

thousand eight hundred and twenty-five, entitled "An Act in addition 
to an act entitled an act to prevent the destruction and to regulate the 
catching of the fish called alewives, in their passage up the rivers and 
streams in the town of Harwich, in tlie count}^ of Barnstable," as 
prevents the catching of fish called alewives, on tlie westward of Job 
Chase's Wharf, so called, situated in the town of Dennis, in the county 
of Barnstable, is hereby repealed. 

Sect. 2. This act shall take eflfect from and after its passage. — 
[April 4, 1850. 

[1852, 68; 1855, 90; 1880, 122] 

1851. 

[1826, 54.] 

An Act to protect the Mattakeeset Herring Fishery in the Town of Edgartown. 

1851, 77. Be it enacted^ etc., as follows: Sect. 1. No person or 

persons shall set, draw or stretch any seine or drag net or set up any 

weirs, in the Great Pond, baj's, coves or creeks of said Great Pond, 

in the town of Edgartown, from the first day of September, annually, 

under a penalty of fifty dollars for each person, for each offence, to 

be recovered in any court proper to try the same, one half to the use 

of the said town, and the other half to any person who sball prosecute 

therefor. 

Sect. 2. This act shall take effect from and after its passage. — 

[April 2.5, 1851. 

[1856,285; 1872,248.] 

[Sp. Laws, vol. 2, pp. 222, 289 ; 1825, 63 ; 1847, 94.] 
An Act to protect the Fisheries in the Town of Falmouth. 

1851, 98, Be it enacted, etc., as follows: Sect. 1. No person 
shall set, draw or stretch an}' seine or drag-net in the Waquoit Bay, 
or in any of the ponds, rivers or creeks, within the limits of the town 
of Falmouth, under a penalty of twent}' dollars nor more than one 
hundred dollars ; to be recovered in any court proper to try the same, 
one half to the use of the said town, and the other half to any person 
who shall prosecute therefor. 

Sect. 2. Tliis act shall take effect from and after its passage. — 
[April 30, 1851. 

[1858, 130.J 



[1843, 20.] 
An Act in addition to an Act concerning Alewives in Herring River in the Town of 

Barnstable. 

1851,116. Be it enacted, etc., as follows: Sect. 1. The inhabi- 
tants of the town of Barnstable, at their aniuial meeting in the month 
of February, shall choose one or more proper persons as a committee 
to regulate the taking of alewives in Herring River, at Marston's 



248 LAWS RELATING TO 

Mills, in the said town, which committee shall prescribe and make 
known the time, not exceeding five days in each week, and the man- 
ner and place or places where the said fish may be taken by all the 
inhabitants of the said town, and the said committee shall have and 
exercise all the powers and duties which, bj' the act to which this is 
in addition, are placed in the selectmen of the said town. 

Sect. 2. The time during which the said fish shall be so taken bj' 
the inhabitants of the said town, and during which the occupants or 
owners of dams across tlie said river shall be required to keep open 
and maintain the passage-ways over or around their respective dams, 
shall not exceed thirty days in each year; and nothing contained in 
this act, or the act to which this is in addition, shall be so construed 
as to aflfect the legal rights of any person. 

Sect. 3. The first and fifth sections of the act to which this is in 
addition, and all other parts of the said act which are inconsistent with 
the provisions of this act, are hereby repealed. — [May 7, 1851. 

[1848, 18.5.] 

An Act in addition to "An Act to incorporate the Pocha Pond Meadow and Fishing 

Company in Edgartown." 

1851, 126. Be it enacted, etc., as follows: Sect. 1. If any per- 
son not a proprietor of this corporation, shall receive damages by the 
flowing of his meadows, or in the closing of the present outlet 
of Focha Pond, the county commissioners of Dukes County, after 
the hearing of all parties interested, shall estimate the amount of 
damage such persons ma^' have sustained by the said corporation and 
also the benefits, if any, such persons may derive by the flowing of 
his meadows or in closing the present outlet ; which damages, if any, 
after deducting therefrom the benefits, said corporation shall pay : 
and either party if dissatisfied with any estimate made by the said 
commissioners, may apply for a jury to assess the damages, either at 
the same meeting at which such estimates shall be completed and 
returned, or at the next regular meeting thereof, and the like proceed- 
ings shall be had thereon as are provided for the recover}^ of damages 
for laying out highways. 

Sect. 2. The fourth section of an act entitled " An Act to incor- 
porate the Pocha Pond Meadow and Fishing Company," passed on 
the twenty-fifth day of April, in the year one thousand eight hundred 
and forty-eight is hereby repealed. 

Sect. 3. This act shall take effect from and after its passage. — 
[May 7, 1851. 

[1856. 45.] 



INLAND FISHERIES. 249 

1852. 

[1839, 102] 

An Act to protect the Fisheries in the town of Barnstable and Marshpee District. 

1852, 35. Be it enacted, etc., as follows: Sect. 1. No person 
shall set, draw or stretch any seine or drag-net in Osterville Harbor, 
or Popponessette Bay, or any of the waters within the limits of the 
town of Barnstable or Marshpee district on the southerly side, under 
a penalty of not less than ten dollars nor more than one hundred dol- 
lars, to be recovered in any court proper to try the same, one half to 
the use of the said town, and the other half to any person who shall 
prosecute therefor. 

Sect. 2. This act shall take effect from and after its passage. — 
[March 15, 1852. 

[1860,46; 1884,264.] 

[Sp. Laws, vol. 2, p. 504; vol. 3, p. 398; 1823, 97; 1848, 187.] 

An Act to prevent the Destruction of Shad and Alewives in the Saugus River, and its 
Tributary Streams within the City of Lynn. 

1852, 48. Be it enacted, etc., as follows: Sect. 1. The city 
council of the city of Lynn is hereby empowered and directed in the 
month of April or May annnally, to choose five persons, inhabitants 
of said citv, to see that the laws respecting the passage-ways for shad 
and alewives be observed ; and each person so chosen shall be sworn 
to the faithful discharge of his duty. And the said committee or a 
major part of them are hereby authorized and empowered to order 
the times, places and manner in which said fish may be taken .in 
Saugus River and streams in said cit}' : provided, hoivever, that no 
person shall be allowed to take said fish as aforesaid more than three 
davs in an}^ one week ; and provided, also, that the taking of said fish 
shall nut be prohibited more than four days in any one week. And 
the regulations which shall be so agreed upon by said committee, 
shall be written and posted in three public places, or published in 
a newspaper in said city. 

Sect. 2. The said committee or a majorit}' of the members, are 
hereby authorized and empowered to require of the owner or occupant 
of any dam or sluice-head of any mill erected, or that may be erected 
over said river or stream, to open and keep therein a sufficient 
passage-way for such fish, at such time, between the first day of 
April and the twentieth day of June annually, as the said committee 
or a major part of them shall think necessary ; and may also require 
of the owner or occupant of any canal or course, whereby an}' natural 
stream is or shall be in part changed or altered, to leave sufficient 
water in the natural stream for the easy and safe passage of said fish ; 
and upon neglect or refusal of such owner or occupant of an}- dam, 



250 LAWS RELATING TO 

sluiee-heacl or canal as aforesaid, to comply with such act, the said 
committee or major part of them, shall and may cause sufficient 
passagc-wa}' and opening as they shall judge necessary, for the pur- 
poses aforesaid, to be made in such dam, sluice-head or canal, with 
the least prejudice to the owner or occupant, and at his expense. 
And such passage-way and opening shall and ma}' be continued at 
the discretion of said committee, from the time the}^ shall order the 
same as aforesaid, and until they shall order or permit the closing of 
the same, between the days above named. And if any person shall 
obstruct the passage-way or opening required or allowed by said com- 
mittee or the major part of them, as aforesaid, or in any manner 
obstruct the passage of said fish, or put or cause or suffer to be put 
in either of said streams any noxious substance whereby said fish may 
be destroyed or their passage hindered, such offender shall forfeit 
and pay a sum not exceeding twenty dollars for each offence. 

Sect. 3. If any person or persons shall be found taking any of 
the aforesaid fish on any day or in any place or in any manner con- 
trary to the regulations of the said committee, or of the provisions of 
this act, or of otherwise killing or wasting such fish, such offender 
shall forfeit and pa}' a sum not exceeding ten dollars nor less than 
one dollar for each offence. 

Sect. 4. If any person not a resident of the city of Lynn, shall 
take an}' fish from either of said streams within said city, he shall 
forfeit and pay a sura not exceeding twenty dollars for each oflTence. 

Sect. 5. It shall be the duty of said committee to see to the 
observance of this act, and they shall have authority therefor to go 
upon the land bordering upon the said river or streams and shall not 
be considered as trespassers therein. And any person who shall 
molest said committee or either of them, in the execution of the duties 
of their office, shall forfeit and pay a sum not exceeding ten dollars 
nor less than one dollar. 

Sect. 6. All fines and forfeitures given by this act may be 
recovered by complaint or information in the police court of said 
city, and to the use of said city ; and all costs incurred therein, if 
not otherwise recovered, shall be paid by said city. 

Sect. 7. All acts and parts of acts heretofore made which are 
inconsistent with the provisions of this act, are hereby repealed. 

Sect. 8. This act shall take efifect from and after its passage. — 
[March 26, 1852. 

[Sp. Laws, vol. 1, p. 269; 1814, 128; 1848, 116] 
An Act to regulate the setting of Mesh Nets in North River. 
1852, 66. Be it enacted, etc., as follows: Sect. 1. No person 
or persons shall set or cast any mesh-net across North River, so 



INLAND FISHERIES. 251 

called, in the county of Plymouth, so as to prevent the free passage 
of fish up or down said river, on any days excepting Monda3s, Wed- 
nesdays and Fridays of each week, from sunrise to sunset of said 
days. 

Sect. 2. All laws restricting and regulating the setting of seines 
in said North River, sliall apply to the setting of mesh-nets in said 
river. — [March 27, 1852. 

[1853, 350; 1856, 83; 1872, 229; 1875, Res. 36; 1876, 103.] 

[1815, 83.] 
An Act to incorporate the Flax Pond Fishing Company in Dennis. 

1852, 68. Be it enacted, etc., as follows: Sect. 1. James Howes, 
William Crowell, 2d, John Gorhara, their associates and successors, 
are hereby made a corporation bj' the name of the Flax Pond Fishing 
Compan}', in Dennis, and are empowered to open a brook or outlet 
from Flax Pond to Sesuit Creek, so called, and also improve Sesuit 
Creek (iiito which said pond empties) to the sea, so far as may be 
necessar}' for the purpose of an alewive fishery, and to regulate the 
same, and for this purpose shall have all the powers and privileges, 
and be subject to all the duties, restrictions and liabilities contained 
in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. If anj' person, without the permission of the corporation, 
shall take, catch or haul on shore any alewives in said pond or brook 
or creek or outlet so made, the. person so offending shall forfeit and 
pay, for the use of said corporation, a sum not exceeding two dollars, 
if the quantity so taken be less than one barrel ; but if said quantity 
be more than one barrel, the person so offending shall forfeit and pay 
for each and eveiy barrel, five dollars, to be recovered in any court 
pro|)er to try the same. 

Sect. 3. If an}- damage shall be done by said corporation to the 
property of any individual, such individual shall be entitled to rea- 
sonable indemnit}' for the damage done him. 

Sect. 4. An}- inhabitant of the town of Dennis shall be entitled 
to the privilege of becoming a member of said corporation : provided, 
application is made therefor within three months from the passage of. 
this act ; and provided, also, that said applicants pay their proportion 
of the expenses which shall have accrued to said corporation. 

Sect. 5. If the said corporation shall neglect to execute and com- 
plete the improvements provided for in this act within three years 
from the passage thereof, then the same shall be void and of no 
effect. 

Sect. 6. This act shall take effect from and after its passage. — 
[March 27, 1852. 



252 LAWS RELATING TO 

[Sp. Laws, vol. 3, p. 378; 1819, 11; 1820, 51; 1836, 130; 1837, 184; 1844, 63.] 
An Act to J'egulate the Fishery in Palmer's River. 

1852, 92. Be it enacted^ etc., as follows : Sect. 1. From and after 
the passage of this act, no person, except as is hereinafter provided, 
shall take shad or alewives with seines or in nets in Palmer's River 
in the town of Rehoboth, in tlie county of Bristol, from the first da}- 
of April to the first day of Jul^' in each year : provided, that the 
inhabitants of Rehoboth may, at a legal meeting held for that pur- 
pose, dispose, at public auction, of the privilege of taking fish fur 
that 3'ear, with scoop-nets and seines only, in said river for the time 
aforesaid, to such person or persons as may offer the highest price 
for the same and shall give sufficient security for the payment of the 
purchase money, at such time and in such manner as the town shall 
direct. 

Sect. 2. The said town may sell said privilege in sections or 
otherwise as the town may determine, and the purchaser or purcha- 
sers of an}' privilege or privileges of taking shad or alewives aforesaid, 
or those employed by him or them, may take any of said fish in said 
river between Swanzey line and the Orleans Dam, with scoop-nets, 
three nights in the week, beginning on Wednesday at sunset and end- 
ing on Saturday at sunrise, of each week ; and may also take said fish 
with not more than two seines to be used at the same time, and in the 
daytime onl}', three days in each week, beginning on Thursday morn- 
ing at sunrise and ending on Saturday at sunset, in any part of said 
river between Swanzey line and Miller's Bridge, so called, on said 
river in said Rehoboth : provided, however, that no shad or alewives 
shall be taken in any manner from said river after the first day of 
July in each 3-ear. 

Sect. 3. The town of Rehoboth, at their annual meeting in March 
or April, may choose one or more suitable persons to serve as fish- 
wardens, who shall be sworn to the faithful discharge of their duties, 
and shall see this act enforced, and shall prosecute for all violations 
thereof; and it shall be the duty of the said fish-wardens to prevent 
and remove all obstructions in the course of the stream to the passing 
up and down of the fish during the season, from the first day of April 
to the first day of July in each 3'ear ; and the said wardens or either 
of them, and also those who are lawfully emplo3'ed in catching or 
buying the fish taken in said river, shall be authorized to go upon and 
pass over the lands of any person through or by which said river runs 
without being considered trespassers : provided, the}' shall so pass 
over or on said lands onl3' at such times and places as the fish-war- 
dens shall direct and prescribe and onl}' when such passing over and 
on said lauds shall be necessar3' for the purpose of protecting said 



INLAND FISHEKIES. 253 

fishery, and taking and selling, and shall do no more damage to said 
lands than is indispensable for such proper use ; and any person who 
shall wilfully hinder or molest said wardens or an}' person authorized 
b}^ them in the necessar}' clearing of said river, and in the necessary 
and proper use of lands on said stream, for protecting the said fishery 
and taking or selling the said fish, shall forfeit and pay not exceeding 
twenty dollars for each offence, to be recovered in the manner pro- 
vided in the fourth section of this act. 

Sect. 4. If an}' person or persons other than those who have 
purchased a privilege or privileges, shall fish with seine or nets at 
any time or in any place or manner, or shall set any nets or seines, 
wear or other obstruction in said river or in any part thereof, with 
intent to take or destroy any shad or alewives, he shall forfeit and 
pay twenty dollars for each offence, to be recovered to the use of the 
county in which the offence was committed, or by action of debt ; one 
half to the use of the person complaining and who shall give informa- 
tion that shall lead to the prosecution and conviction of any person 
guilty of a violation of the provisions of this act, and the other half 
to the use of the town in which the offence shall be committed. 

Sect. 5. All laws heretofore passed relating to the fishery and. 
fishing in Palmer's River, within the limits of the town of Rehoboth, 
are hereby repealed. 

Sect. 6. This act shall take efl'ect from and after its passage. — 
[April 3, 1852. 

[Sp. Laws, vol. 1, p. 296 ; vol. 2, p. 154 ; 1812, 103 ; 1835, 137.] 
An Act to protect Shad in Connecticut River. 
1852, 122. Be it enacted, etc., as follows: Sect. 1. No person 
shall catch, take or destroy shad in Connecticut River after the first 
day of July in each year. 

Sect. 2. Any person convicted of a violation of this act shall be 
punished by a fine not exceeding ten dollars. — [April 20, 1852. 

[1864, 62.] 

An Act to authorize John Niclcerson and Eldridije Nickerson to construct a Fish-wear 
in Provincctown Harbor. 

1852, 149. Be it enacted, e'c, as follows: Sect. 1. John Nicker- 
son and Eldridge Nickerson, of Provincctown, in the county of Barn- 
stable, are hereby authorized to construct a fish-wear on the side of 
Long Point, in Provincctown Harbor, which flats join the uplands of 
the said Nickersons, with leave to extend the same as far as the tide 
ebbs, for the purpose of taking fish. 

Sect. 2. If any person shall take any fish from said wear with- 
out the permission of said Nickersons, he shall forfeit and pay to 
them a sum not exceeding five dollars, if the quantity so takui be 



254 LAWS RELATING TO 

less than one hundred pounds, and five dollars for every hundred 
pounds so taken, to be recovered in any court proper to try the 
same. 

Sect. 3. If anj' damage shall be done by said Nickersons in the 
construction of said wear to the property of an}' person, such person 
shall be entitled to damage, to be estimated in the same manner as 
damages occasioned by laying out of highways. — [April 27, 1852. 

[1818, 13.] 

An Act for the Regulation and Protection of the Alewive Fishery in the Towns of 
Cohasset and Scituate. 

1852, 151. Be it enacted, etc., as follows: Sect. 1. The select- 
men of the towns of Scituate and Cohasset, and their successors, sliall 
be a committee for the purpose of protecting, regulating and improv- 
ing the alewive fishery in the stream running from Scituate Pond into 
Cohasset Harbor, on or near the boundary line between the towns of 
Scituate and Cohasset, and shall have full powers for these purposes ; 
they shall annually dispose of said fisher}' for the term of one year, 
and no longer, after proper notice, at public sale ; they may make 
improvements in and remove obstructions from said stream for the 
purposes aforesaid. The expense of such improvements and remov- 
als shall, with the exceptions of sluice-ways in dams, as hereinafter 
provided, be borne equally by the towns of Scituate and Cohasset; 
and said towns are hereby empowered to raise money for this purpose. 
The proceeds of said fishery shall be equally divided between the two 
towns. 

Sect. 2. The acts of a majority of said committee shall be valid : 
provided, reasonable notice of all meetings shall be given to every 
member of the same ; and provided, that at least one member from 
each town shall be present. 

Sect. 3, All persons excepting those purchasing the right from 
said committee as aforesaid, or employed by such purchasers, who 
shall take any of said fish from said stream, in any part of it, from 
Doane's Mill, so called, upward, shall forfeit the sum of ten dollars 
for every offence to the use of said purchasers, who may recover the 
same by an action at law. 

Sect. 4. The owner or occupier of every dam on said stream shall 
annually, between the first day of March and the first day of June 
next following, for such term of time and in such manner as said 
committee shall direct, open a sufficient passage for said fish through 
said dam ; and on failure to open such passage, or of continuing it 
open as aforesaid, shall forfeit and pay the sum of one hundred dollars ; 
and said committee may open said passage when neglected as afore- 
said, at the expense of the owner or occupier thereof: provided, that 



INLAND FISHERIES. 255 

no more damage is thereby clone said owner or occupier than is neces- 
sary to effect said purpose. 

Sect. 5. An}' member of said committee may be a witness in any 
legal proceeding touching said fisher}'. 

SiccT. 6. The said committee shall regulate the times, places and 
manner of taking said fish: provided, that no fish shall be taken on 
more than four days of any one week ; and the said purchasers shall 
conform to such regulations, on pennlt}' of not less than twent}' nor 
more than one hundred dollars for each offence. 

Sect. 7. Tlie said committee shall receive out of the proceeds of 
said fishery one dollar and twenty-five cents each for CA'er}' day's 
actual service in performing the duties herein required, of them. 

Sect. 8. All fines and forfeitures named in this act, and not 
otherwise appropriated, shall be equall}' divided between the towns 
of Sciiuate and Cohasset, and they ma}- join in a suit for the same. 

Sect. *J. This act shall take effect from and after its passage. — 
[April 27, 1852. 

1853. 

An Act to incorporate the Magonsett Fishing Company. 

1853, 53. Be it enacted, etc., as follows: Sect. 1. Charles S. 
Nye, James Witherell and Charles O. Nye, citizens of North Fal- 
mouth, their associates and successors, are hereby made a corporation 
by the name of the Magonsett Fishing Company, and ai'e empowered 
to regulate the brook running from Dam Pond, so calh d, to Wild 
Harbor, in said Falmouth, so far as is necessary for the purpose* of 
an ale\^ivc fishery; and for this purpose shall have all the powers 
and privileges, and be subject to all the duties, restrictions and lia- 
bilities set forth in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. If any person, without the permission of the corporation, 
shall take, catch or haul on shore any alewives in said brook, or within 
one-eighth of a mile in any direction from the mouth of said brook, he 
shall forfeit and pay for the use of said corporation, a sum not 
exceeding two dollars, if the quantity so taken be less than one barrel ; 
but if the quantity so taken be more than one barrel, the person so 
offending shall forfeit and pay for each barrel of fish so taken five 
dollars, to be recovered in any court proper to try the same. 

Sect. 3. If any damage shall be done by said corporation to the 
property of any individual, not a member of the corporation, such 
individual shall be entitled to reasonable damage, to be estimated in 
the same manner as damages occasioned by the laying out of high- 
ways. 

Sect. 4. This act shall take eflTect from and after its passage. — 
[March 17, 1853. 



256 LAWS RELATING TO 



[1834, 126.] 

An Act in addition to an Act entitled " An Act concerning Alewives in Herring River, 

in the town of Sandwich." 

1833, 95. Be it enacted^ etc., as follows: Sect. 1. If anj^ per- 
son or persons shall take any of the fish named in said act, in said 
Herring River, or the ponds in which said fish cast their spawn, at 
any time, or in any place or manner other than shall be allowed by 
the selectmen of said town of Sandwich, each person so offending 
shall, for each and ever}' offence, on conviction thereof, before any 
justice of the peace, in the count}' of Barnstable, pay a fine not 
exceeding twent}' dollars nor less than one dollar, or shall be impris- 
oned in the county jail of said county for a lime not exceeding sixty 
da^'s, at the discretion of the justice before whom the trial may be had. 

— [March 26, 1853. 

[1854, 285.] 

[1834, 166; 1849,36.] 
An Act to abolish the office of Commissioner of Marshpee. 

1853, 186. Be it further enacted, etc., as folloivs: Sect. 5. The 
said district at anj' regular meeting, with notice in the warrant that 
the subject will be acted on, ma}' authorize the selectmen of said 
district to lease or dispose of the herring or trout fishery, belonging 
to said district, from time to time, for terms of time not exceeding 
five years in any one lease, the proceeds to go into the treasuiy for 
the benefit of the district; and they may elect or appoint two or 
more fish-wardens to protect said fishery : provided, the same is not 
repugnant to the laws of the Commonwealth. 

Sect. 8. This act shall take effect from and after its passage, — 
[April 23, 1853. 

[Sp. Laws, vol. 1, p. 269; 1814, 218; 1848, 116; 1852, 66.] 
An Act to equalize and protect the Fishery on the North River, so called, in the County 

of Plymouth. 

1853,350. Be it enncted, etc., as follows: Sect. 1. The inhabi- 
tants of the town of Pembroke are hereby permitted to take fish at 
the weir where they have usually caught them on the North River, so 
called, or stream leading to the Indian Ponds, so called, in said 
town, or on the following days in each week : Tuesday, Wednes- 
day, Thursday and Friday, from sunrise on Tuesday to sunse^ 
on Friday, inclusive, and at no other time, under a penalty of 
fifty dollars for each and every day fish are taken from said weir, con- 
trary to the provisions of this act, to be paid by the town of Pembioke 
as follows : one-quarter part of the said fifty dollars to the person 



INLAND FISHEPJES. 257 

making the complaint, and three-quarters of the same to be paid to 
the towns of Marshfield, Scituate and South Scituate, in the propor- 
tion to the number of their inhabitants by the census last taken. 

Sect. 2. No person or persons shall take fish from the stream 
leading from said North River to the said Indian Ponds or streams 
tributary to the North River, excepting at the weir before mentioned, 
at any time between the tenth day of April and the fifteenth of May 
inclusive, of each year, under a penalty of twenty dollars for each 
and every oflTeuce, which shall be paid as follows : one half of the 
twenty dollars to the complainant, and the other half to the said 
town of Pembroke. 

Sect. 3. It shall be lawful for the inhabitants of the several towns 
situated on said North River, to take fish with ten seines only, in the 
manner following, to wit : the towns of Pembroke, Scituate and 
South Scituate, shall each have the right of disposing at public 
auction, for their own benefit, of the privilege of catching fish with 
two seines only, and the town of Marshfield shall have the right of 
disposing at public auction, for their own benefit, of the privilege of 
catching fish with four seines onlj^, in the river aforesaid. 

Sect. 4. An}' person or persons who may by seine or mesh-nets, 
take fish from the said North River, except such persons as have 
authority under this act, shall each forfeit and pay for each and every 
time they so trespass, the sura of twenty dollars to the town within 
whose limits the same were taken. 

Sect. o. The proprietors of any and all mills located on the 
North River, and streams leading from said North River to the saicl 
Indian Ponds, so called, in the county of Pl3'mouth, shall take up the 
waste- wa3-s of said mills in each 3'ear, on or before the tenth daj' of 
April, and keep the same up to the fifteenth da}' of May following, 
that the fish shall not be obstructed in their passage to the said Indian 
Ponds from the said North River ; and in the neglect or failure of a 
proprietor of any mill to take up the waste-ways, so called, and keep 
the same up for the before mentioned time, he shall forfeit and pay 
for each and every day of such neglect, the sum of one hundred dollars 
to the towns of Marshfield, Scituate, South Scituate and Pembroke, 
in the proportion to their number of inhabitants. 

Sect. 6. Any expense that may accrue in removing obstructions or 
clearing the streams leading from the North River to the Indian Ponds, 
for the preservation ofthe fish, with the exception of taking up the 
waste-ways of mills, shall be borne by the several towns of Marshfield, 
Scituate, South Scituate and Pembroke in the proportion to their in- 
habitants, who are hereby permitted to raise money for the same. 

Sect. 7. All penalties and forfeitures under this act may be 
recovered in any court competent to try the same. 



258 LAWS RELATING TO 

Sect. 8. All acts aud parts of acts inconsistent with this act are 
hereby repealed. 

Sect. 9. This act shall take eflfect from and after its passage. — 

[May 19. 1853. 

[1876, 103.] 

[1813, 147; 1838, 19; 1844,65.] 

An Act in addition to an Act to establish the Fishery iu Agawam and Half-way Pond 

Rivirs. 

1853,377. Be it enacted, etc., as follows : Sect. 1. If any person 
or persons shall use any seine or drag-net for the taking of fish in the 
Agawam and Half-way Pond Rivers between the first day of March 
and the first day of October, he or they shall each forfeit and pay to 
the towns of Plymouth and Warehara twentj' dollars for each and 
every offence ; and shall also forfeit such seine or drag-net, together 
with such boat or boats as may be used to work the same. 

Sect. 2. All forfeitures under this act shall be collected in the 
same manner and disposed of in the same way, as forfeitures under 
the act passed February twent3'-sixth, eighteen hundred and thirty- 
eight, to which this is in addition. 

Sect. 3. If the committee annually chosen by. the towns of Fl^'m- 
outh and Wareham, shall fail by neglect or disagreement to fix the 
time and prescribe the manner in which the owner or occupier of any 
dam on said rivers shall open a sufficient passage for said fish through 
said dam, then and in that case, the committee of either town, who 
may feel aggrieved thereby, may apply to the county commissioners, 
of the county of Pl3'mouth, who, after due notice to the committee of 
the other town, shall have the same power now vested in said com- 
mittee to fix the time and prescribe the manner in which the owner or 
occupier of any dam on said rivers shall open a sufficient passage for 
said fish through said dam ; and the owner or occupier of any dam on 
said rivers, who shall fail to comply with the order of said commis- 
sioners therein, shall be liable to the same penalties as they are now 
liable to for failing to comply with the order of said committee, to be 
recovered in like manner. And said county commissioners shall have 
the same power which said committee now possess, to open said dam 
when neglected as aforesaid. And if either of the county commis- 
sioners shall reside in either of the towns of Plymouth or Wareham, 
his place shall be supplied by one of the special commissioners not 
resident in either of said towns. 

Sect. 4. All acts aud parts of acts inconsistent with this act are 
hereby repealed. 

Sect. 5. This act shall take effect from aud after its passage. — 

TMay 19, 1853. 

[1860,89; 1863, 117.J 



INLAND FISHERIES. 259 

1854. 

An Act to secure an Alewive Fishery at West Sandwich. 

• 1854, 231. Be it enacted, etc., as follows: Sect. 1. Isaac Kcilh, 
of Sandwich, in the count}' of Barnstable, his heirs and assigns, shall 
have the exchisive right to talve and catch fish in the stream or creelc 
known as Scusset River, and leading into the mill-pond in West Sand- 
wich, on Monda}-, Wednesday, Friday and Saturday in each week, 
and at no other time: provided, that the said Isaac Keith, his heirs 
or assigns, shall open a good and sufficient passage-way around tlie 
dam or dams erected on said stream, to enable the fish to go into said 
mill-pond to spawn, and maintain and keep the said passage-ways 
o[)en and unobstructed, from the tenth day of April to the twentieth 
day of May inclusive, in each year. 

Sect. 2. Any person or persons taking fish from said stream or 
pond without the consent of the said Isaac Keith, his heirs or assigns, 
shall forfeit and pay for each and every otfence the sum often dollars, 
one half of the forfeiture to be paid to the person making the com- 
plaint, the other half to be paid to the said Isaac Keith, his heirs 
or assigns, to be recovered in any court competent to try the same. 
— [April 7, 1854. 

[1824, 107; 1834, 126; 1853, 95 ] 
An Act concerning the Alewive Fishery in Herring River in the Town of Sandwich. 
1854, 285. Be it enacted, etc., as follows : Sect. 1. The Herring 
Pond tribe of Indians shall be entitled to fish on the west bank of the 
river known as Herring River in the town of Sandwich, in their an- 
cient way, above the weir established on said river, to the land 
belonging to the heirs of Nathan B. Gibbs, deceased, on those daj's 
prescribed by the selectmen of said town, agreeabl}' to an act passed 
on the twenty-seventh of March in the j'ear one thousand eight hun- 
dred and thirty-four; and also to receive from the town of Sandwich, 
two barrels for each family, annually. 

Sect. 2. This act shall take effect from and after its passage. — 
[April 12, 1854. 

[1821,97; 1849, 123,219.] 
IVn Act concerning Seine Fishing in the Harlior of New Bedford. 
1854, 293. Be it enacted, etc., as follows : Sect. 1. Instead of 
the limits prescribed in the act of April twentieth, one thousand eight 
hundred and fort3--nine, for the use of any seine or net in the harbors 
of New Bedford and Fairhaven, the following limits are hereby pre- 
scribed, namely: from a point called Butler's Rock on New Bedford 
shore, to the beacon on Egg Island, thence on a course north-east by 
east to the Fairhaven shore ; and so much of the above mentioned act 



260 LAWS EELATING TO 

as authorizes seining for menhaden, and all other parts thereof incon- 
sistent with the provisions of this act, are hereb}' repealed. 

Sect. 2. This act shall take effect from and after its passage. — 
[April 13, 1854. 

1855. 

[1813, 115.] 
An Act in addition to an Act to protect the Alewive Fishery in the Town of Brewster. 

1855, 39, Be it evacted, etc., as foUo7vs : Sect. 1. That the 
inhabitants of the town of Brewster be and are hereb}'^ authorized to 
prohibit all obstructions to the passage of alewives and also to pre- 
vent the catching of the same by any person or persons other than 
those said town may direct, within the distance of one-fourth of a 
mile east of the mouth of Mill Creek or the outlet of Stony Brook, 
so called, in Brewster Bay, and on the west from said boundary to 
the line of the town of Dennis, from the twentieth of April to the 
twentieth of June : provided, such prohibition shall not affect the right 
to take other kinds of fish within the time and limits named in this 
section. 

Sect. 2. Any person causing obstructions or found taking alewives 
•within said limits without the authority of said town, shall be liable to 
a penalty not exceeding twenty dollars for each offence, to be recov- 
ered in any court competent to try the same, to the use of the person 
who shall prosecute therefor. 

Sect. 3. This act shall take effect from and after its passage. — ■ 
[March 9, 1855. 

An Act to authorize Augustus Paine and Timoth.y Jarvis to construct Fish-weirs and 
Fixtures in the Town of Brewster. 

1855,51. Be it enacted, etc., as follows: Sect. 1. That Augustus 
Paine and Tiraotln' Jarvis, inhabitants of the town of Brewster, be 
and are hereby authorized to construct fish-weirs and the usual fix- 
tures for taking fish on the lands of said Paine and Jarvis in said 
Brewster: provided, said weirs and fixtures shall not be placed within 
one-fourth of a mile from the entrance of Stonj' Brook, so called, 
in Bi'ewster Baj-. Said weirs and fixtures shall all be within the 
limits of the town of Brewster, and shall cause no obstruction to 
navigation. 

Sect. 2. Any person obstructing the provisions of the first section 
of this act, or taking fish from said weirs without the authority of said 
Paine or .Jarvis, shall be liable to a penalty of a sum not exceeding 
fifteen dollars for each offence, to be recovered in any court competent 
to tr}^ the same, to the use of the person who shall prosecute therefor. 

Sect. 3. This act shall take eflfect on and after its passage. — 
[March 14, 1855. 



INLAND FISHERIES. 261 

An Act to authorize Samuel Young, of Chatham, to construct a Fish-weir. 

1855, 75. Be it enacted, etc., as follows: Sect. 1. Samuel Young 
of Chatham, is hereby authorized to construct a fisli-weir on the nortli 
side of the new harbor, ou the flats adjoining Nauset Beach, in the 
town of Chatham in the county of Barnstable : provided, said fish- 
weir shall cause no obstruction to navigation nor infringe on the 
rights of others. 

Sect, 2. Any person or persons unlawfull}' taking fish from said 
weir, or obstructing the passage of fish into said weir, or causing 
damage thereto, shall be liable to a penalty of twenty dollars, to 
be recovered in any court competent to tr}' the same, for the use of 
the person who shall prosecute therefor. 

Sect. 3. This act shall take effect from and after its passage. — 
[March 24, 1855. 

An Act to authorize Thomas L. Eldridgc and his Associates to construct a Fish-weir. 

1855, 84. Be it enacted, etc., as follows : Sect. 1. Thomas L. 
Eldridge and his associates are hereby' authorized to construct a fish- 
weir and other necessary fixtures in the tide-waters at a j)lace where the 
channel that runs southerly from Broad Creek, so called, unites with 
the Crooked Channel, so called, in the south-easterl}' part of Orleans, 
in the county of Barnstable, for the purpose of taking fish : provided., 
that the said weir shall not be so constructed or maintained as to ob- 
struct the navigation at said place or infringe on the rights of others. 

Sect. 2. If any person shall wilfully injure or destroy said weir, 
or an}^ part thereof, or shall, without leave of the owners thereof, 
take from the same any fish found therein, he shall, upon conviction, 
forfeit and pay to the use of said owners of said weir, a sum not 
exceeding twenty dollars, to be recovered in any court of competent 
jurisdiction, and shall moreover be liable to the parties injured for all 
damages in a civil suit. 

Sect. 3. This act shall take effect from and after its passage. — 
[March 24, 1855. 

[1842, 62.] 
An Act to authorize Thomas Sparrow and his Associates to construct a Fish-weir. 
1855, 88. Be it enacted, etc., as follows : Sect. 1. Thomas Spar- 
row and his associates, in the town of Chatham, are hereby authorized 
to construct a fish-weir, commencing on the westerl}' shore of Mono- 
mory Beach, in said Chatham, at the south side of Steward's Hole, 
so called, and to extend said weir not more than eight hundred yards 
in a westerl}' direction into Chatham Bay, in Barnstable Count}-, with 
all the privileges thereto attached : provided, that said weir shall cause 
no obstruction to navigation or infringe on the rights of others. 



262 - LAWS RELATING TO 

Sect. 2. If any person shall wilfull}^ injure or destroy said weir, 
or any part thereof, or shall, without leave of the owners thereof, 
take fi'om the same any fish found therein, he shall, upon conviction, 
forfeit and pa}' to the use of the owners of said weir, a sum not 
exceeding twent}' dollars, to be recovered in an}' court of competent 
jurisdiction, and shall moreover be liable to the parties injured for all 
damages, in a civil suit. 

Sect. 3. This act shall take effect from and after its passage. — 
[March 26. 1855. 

[1815, 83.] 

Ax Act to aiitliorize Barnabas W. Eldridge, Francis Joseph, Canada Perry, and their 

Associates, to build a Fish-weir. 

1855, 90. Be it enacted^ e'c, as f(Moivs : Sect. 1. Barnabas W. 
Eldridge, Francis Joseph, Canada Perry, and their associates, are 
heruby authorized to construct a fish-weir near Kilt Pond Point, so 
called, on the south shore of the town of Dennis, in the county of 
Barnstable : 2>^ovided, said weir shall cause no obstruction to naviga- 
tion nor encroach ou the rights of others. 

Sect. 2. Any person or persons unlawfully taking fish from said 
weir or obstructing the passage of fish into said weir, or causing 
damage thereto, shall be liable to a penalty of twent}- dollars, to be 
recovered in an}' court competent to tr}' the same, for the use of the 
person who shall prosecute therefor. 

Sect. 3. This act shall take effect from and after its passage. — 
[March 26, 1855. 

An Act to authorize Ira Wixon and Elijah Whittemore to construct a Fish-weir. 

1855, 125. Be it enacted, etc., as follows: Sect. 1. That Ira 
"Wixon and Elijah Whittemore are hereby authorized to construct a 
fish-weir near Hill Pond Point, so called, in the town of Dennis, in the 
county of Barnstable : provided, said weir shall cause no obstruction 
to navigation nor encroach on the rights of others. 

Sect. 2. All persons unlawfully taking fish from said weir, or 
causing obstructions to the passage of said fish to said weir, or caus- 
ing damage thereto, shall be liable to a penalty of twenty dollars, to 
be recovered in any court competent to try the same, for the benefit 
of the person who shall prosecute therefor. 

Sect. 3. This act shall take effect from and after its passage. — 
[March 31, 1855. 

An Act to authorize Eleazer Rogers, Jr., and his Associates, to build a Fish-weir. 

1855, 154. Be it enacted, etc., as follows: Sect. 1. Eleazer 
Rogers, Jr., and his associates, are herebj' authorized to construct 
a fish-weir near the mouth of the Crooked Channel, where it unites 



INLAND FISHERIES. 263 

with the Little Bay, so called, in the south-easterly part of the town 
of Orleans, in the county of Barnstable, for the purpose of taking fish : 
provided, said weir shall cause no obstruction to navigation nor 
encroach on the rights of others. 

Sfxt. 2. All persons unlawfully taking fish from said weir, or 
causing obstruction to the passage of fish to said weir, or causing 
damage thereto, shall be liable to a penalty of twenty dollars for each 
and every offence, to be recovered in any court competent to try the 
same, for the benefit of the person who shall prosecute therefor. 

Sp:ct. 3. This act shall take effect from and after its passage. — 
[April 9, 1855. 

[1833, 211 ; 1850, 6.] 
An Act in addition to an Act to regulate the Fisheries in the vicinity of Nantuclcet. 
1855,156. Be it enacted, etc., as follows: Sect. 1. The penalty im- 
posed in third section of the act of February fifth, in the year eighteen 
hundred and fiftj', to which this is in addition, shall be so amended as to 
make the sum not to exceed five hundred dollars, to be recovered in any 
court competent to trj' the same, for the use of the town of Nantucket. 
Sect. 2. The provisions of this act shall take effect from and 
after its passage. — [April 9, 1855. 

[1858, 95 ; 1870, 284.] 

An Act to authorize Jesse Tuttle and his Associates to construct a Fish-weir in the 

Town of Harwich. 

1855,162. Be it enacted, etc., as follows: Sect. 1. Jesse Tuttle 
and his associates are hereby authorized to construct a fish-weir on 
the flats east of Andrews River, so called, in that part of Harwich 
called South Harwich, in the count}' of Barnstable, for the purpose of 
taking fish : provided, however, said weir shall cause no obstruction 
to navigation nor encroach on the rights of others. 

Sect. 2. All persons unlawfully taking fish from said weir, or 
causing obstructions to the passage of fish to said weir, or causing 
damage thereto, shall be liable to a penalty of twenty dollars for each 
and every offence, to be recovered in any court competent to ti'y the 
same, for the benefit of the person who shall prosecute therefor. 

Sect. 3. This act shall take effect from and after its passage. — 
[April 10, 1855. 

[Sp. Laws, vol. 1, pp. 191, 451; vol. 2, p. 128; vol. 3, p. 524; 1805, 29; 1810, 117; 
1812, 127; 1814, 22; 1824, 101; 1825, 78; 1829, 40; 1839, 134; 1845, 79.] 
An Act to protect the Fisheries in Ipswich River. 
1855,171. Be it enacted, etc., as folloios: Sect. 1. The inhabi- 
tants of the town of Ipswich and vicinity, in the county of Essex, 
may, at all times take fish from Ipswich River in said town, with dip- 
nets, Sundays excepted. 



2G4 LAWS EELATING TO 

Sect. 2. No person shall set, draw or stretch any seine or drag- 
net in an}- part of the waters in Ipswich River, within the limits of 
said town, under a penaltj-not exceeding fifty dollars, to be recovered 
in any court competent to try the same, for the use of said town. 

Sect. 3. This act shall take effect from and after its passage. — 
[April 10, 1855. 

[1856, 14,52,248; 1868,157.] 

An Act to authorize William W. Eldridge, Jonathan Eldridge and Warren N. 
Rogers to construct a Fish-weir. 

1855, 173. Be it enacted, etc., as follows: Sect. 1. William 
W. Eldridge, Jonathan Eldridge and Warren N. Rogers are hereby 
authorized to construct a fish-weir in the tide-waters near Clam 
Point, so called, in the easterly part of the town of Harwich in the 
county of Barnstable, for the purpose of taking fish : provided, said 
weir shall cause no obstruction to navigation nor encroach on the 
rights of others. 

Sect. 2. All persons unlawfull}' taking fish from said weir, or 
causing obstructions to the passage of fish to said weir, or causing 
damage thereto, shall be liable to a penalty of tweut}" dollars, to be 
recovered in any court competent to try the same, for the use of 
the person who shall prosecute therefor. 

Sect. 3. This act shall take effect from and after its passage. — 
[April 10, 1855. 

An Act to prohibit Seining in Apponigansett River and Creeks. 

1855, 175. Be it enacted, etc., as follows: Sect. 1. No person 
shall set, dravv or use any seine for taking fish in Apponigansett River 
in the town of Dartmouth in the count}' of Bristol, or its tributaries, 
north of a line running south-west from Ricketson's Point across said 
river. 

Sect. 2. An}' person violating this act shall, on conviction, pay a 
fine of not less than fifteen nor more than fift}' dollars, to be recov- 
ered by any court competent to try the same, for the use of said 
town. 

Sect. 3. This act shall take effect on and after its passage. — 
[April 14, 1855. 

An Act to protect the Fisheries in the towns of Danvers and Beverly. 

1855, 208. Be it enacted, etc., as follows : Sect. 1. The inhabi- 
tants of the towns of Danvers and Beverly and vicinity, in the county 
of Essex, may at all times take fish from Porter's, Crane and Waters 
Rivers, so called, situated within and between the towns above named, 
in any manner except that prohibited in the following section. 

Sect. 2. If any person or persons shall take an}- fish in either of 



INLAND FISHERIES. 265 

the rivers named in the first section, by the use of a seine or weir, 
above a point desiguated in the third section, he or they shall, for each 
offence, on conviction thereof, pay a fine not exceeding fift}' dollars, 
the fines and forfeitures to be recovered in any court proper to try the 
same, one half to the use of the town in which the offence is com- 
mitted, the other half to the use of him who shall prosecute therefor. 

Sect. 3. It shall be lawful for any person or persons whatever to 
take fish in any manner below a point called Horse Pasture Point 
situated in the town of Danvers, and on the westerly side of Bass 
River, and near or below the mouths of the rivers named in the first 
section of this act. 

Sect. 4. This act shall take effect from and after its passage. — 
[April 18, 1855. 

An Act to authorize the construction of a Fish-weir in the Town of Yarmouth. 

1855, 212. Be it enacted, etc., as foUoivs: Sect. 1. George 
Weaver and his associates are hereby authorized to construct a fish- 
weir in the tide-waters of Lewis Bay, so called, in the town of Yar- 
mouth in the county of Barnstable, for the purpose of taking fish : 
provided, said weir shall cause no obstruction to navigation nor en- 
croach on the rights of others. 

Sect. 2. All persons unlawfully taking fish from said weir, or 
causing obstructions to the passage of said fish to said weir, or caus- 
ing damage thereto, shall be liable to a penalty of twenty dollars for 
each offence, to be recovered in any court competent to try the same, 
for the benefit of the person who shall prosecute therefor. 

Sect. 3. This act shall take effect from and after its passage. — 
[April 18, 1855. 

An Act to protect the Fisheries in the Town of Chilmarlc. 

1855, 272. Be it enacted, etc., as fdlows: Sect. 1. Abner May- 
hew, George May hew, and their associates, are hereby authorized and 
directed to build and maintain a good and suitable fish-way, both for 
ingress and egress, through the creek leading to Squipnocket Pond, 
so called, in the town of Chilmark in the count}- of Dukes, during the 
usual season for the passage of fish through said creek. 

Sect. 2. Any person causing obstruction to the passage of fish 
through said creek named in the first section of this act, shall be liable 
to a penalty of twenty dollars for each and every day such obstruc- 
tions shall wilfully be allowed to remain during the season named in 
the first section of this act, to be recovered in any court competent to 
try the same, for the use of the person who shall sue for the same. 

Sect. 3. This act shall take effect from and after its passage. — • 
[May 2, 1855. 



266 LAWS RELATING TO 

[Sp. Laws, vol. 2, pp. 222, 289 ; 1847, 94.] 

An Act authorizing the Selectmen of the Town of Falmouth to permit Seines to be 

used in certain Ponds. 

1855, 279. Be it enacted^ etc., as follows: Sect. 1. The select- 
men of the town of Falmouth in the county of Barnstable, and their 
successors, are herebj- authorized to permit seines to be used at their 
discretion (said permits to be given in writing), between the first day 
of December and the following first day of April in each year, in the 
following ponds, viz. : " Bowman's Pond," " Little Pond " and " Perch 
Pond." 

Sect. 2. Any person or persons detected in using or shooting any 
seine or seines for the purpose of taking fish in an}- of the ponds 
named in the foregoing section, without the permission of the select- 
men as provided in said section, shall be subject to a fine of not less 
than five dollars nor more than one hundred for every such offence, to 
be recovered before any court competent to tr}^ the same, one half of 
said fine to accrue to the use of said town, the other half to the person 
complaining. 

Sect. 3. The selectmen aforesaid shall determine, so far as shall 
appear to them advisable, in what manner any fish taken from said 
ponds by their permission, shall be disposed of, so far as to secure to 
the inhabitants of said town of Falmouth a supply of fish so taken. 

Sect. 4. All acts and parts of acts inconsistent herewith, are 
hereby repealed. 

Sect. 5. This act shall take effect from and after its passage. — 
[May 2, 1855. 

[1839, 83 ; 1848, 47.] 
An Act in addition to " An Act to incorporate Trap's Creek Fishing Company, in 

Edgartown." 

1855, 299. Be it enacted, etc., as follows: Sect. 1. The owners 
of Trap's Creek Fishing Company in the town of Edgartown, in the 
county of Dukes, their associates and successors, are hereby author- 
ized to catch all kinds of fish by seine or otherwise, in Trap's Pond, 
from the first day of November to the first day of April, in each year. 

Sect. 2. If any person shall set, stretch or drag a seine in said 
pond, except as above provided, without the consent of said pro- 
prietors, he shall forfeit and pay to the use of the aforesaid company 
the sum of twenty dollars for each offence, and an additional sum for 
each and every barrel of perch so taken, to be recovered by indict- 
ment, or on complaint before any justice of the peace. 

Sect. 3. No person, whether a proprietor or not, shall be allowed 
to seine perch in said pond, from the first day of April to the first day 
of November, in each 3'ear. 



INLAND FISHERIES. 267 

Sect. 4. Nothing herein contained shall prevent any inhabitant 
of this Commonwealth from catching perch in said pond with hook 
and line, at any time. 

Sect. 5. All acts and parts of acts inconsistent with the provisions 
of this act, are hereby repealed. 

Sect. 6. This act shall take effect from and after its passage. — 
[May 4, 1855. 

[Sp. Laws, vol. 1, p. 166; 1844, 67-] 
An Act to protect the Fisheries in the To\vn of Harwich. 

1855,301. Be it enacted, etc., as follows: Sect. 1. Obed Brooks, 
Jr., and his associates and successors in the town of Harwich, in the 
count}' of Barnstable, are hereby authorized to remove all obstructions 
in the brook or stream called Coy's Brook, from the branch of Herring 
River (so called), near Hall's Island to Clark's Pond and Flax Pond, 
for the purpose of propagating and catching herrings or alewives, for 
the sole use and benefit of said Brooks and his associates : provided, 
that no individual's rights or privileges shall be infringed thereby. 

Sect. 2. All persons illegally taking fish from said ponds or said 
brook or stream, or causing obstructions to the passage of fish or ale- 
wives to or from said ponds, shall be liable to a penalty' of not less 
than two dollars or more than twent}' dollars for each offence, to be 
recovered in any court competent to try the same, for the use of the 
person who shall sue therefor. 

Sect. 3. This act shall take effect from and after its passage. — 
[May 4, 1855. 

An Act to regulate the Fisheries of the Oyster Pond River Company in the Town of 

Falmouth. 

1855, 324. Be it enacted, etc., as follows: Sect. 1. William 
GifTord, Stephen Dillingham, their associates and successors, in the 
town of Falmouth in the county of Barnstable, are hereby authorized, 
under the name of the Oyster Pond River Compan}', to regulate the 
river running from Oyster Pond to Hogg Island Harbor, so far as is 
necessary for an alewive fishery ; said company to have sole control 
and benefit of said fishery : provided, that no individual rights shall 
be infringed thereby. 

Sect. 2. All persons unlawfully taking fish from said pond or 
river, or causing obstructions to the passage of said fish to or from 
said pond or river, shall be liable to a penalty of not less than two nor 
more than twenty dollars, to be recovered in any court competent to 
try the same, for the use of the person who shall sue therefor. 

Sect. 3. This act shall take effect from and after its passage. — 
[May 10, 1855. 



268 LAWS RELATING TO 

An Act to authorize the Town of Nantucket to regulate the Fisheries in all the Ponds, 
Creeks and Harbors in the County of Nantucket. 

1855, 337. Be it enacted, etc., as follows: SECt. 1. The town 
of Nantucket is hereby authorized and empowered, at any legal 
meeting of the inhabitants of said town, to make such by-laws as ma}'- 
be deemed expedient to preserve and protect the fisheries in all the 
ponds and creeks within the county of Nantucket : provided, such by- 
laws do not infringe on the rights of any person. 

Sect. 2. This act shall take effect on and after its passage. — 
[May 15, 1855. 

[Sp. Laws, vol. 1, pp. 313, 354, 422; vol. 2, pp. 192, 381, 469; vol. 3. appendix, p. 20, 
1815, 111, 119; 1818, 106; 1819, 133, 137; 1822, 38; 1829, 55; 1832, 44, 120; 1833, 137; 
1843,73; 1844,62. 

An Act to regulate the Fisheries in Taunton Great River and the Newmasket River. 

1855, 401: Be it enacted, etc., as follows: Sect 1. From and 
after the passage of this act it shall not be lawful for any person or 
persons to catch shad or alewives in any manner, in Taunton Great 
River or in Newmasket River, from the first day of March to the 
tenth day of June, including both of said days in each yenv, except 
as hereinafter provided in this act. 

Sect. 2. The several cities and towns hereafter in this section 
named, shall annually, in legal meeting to be held for that purpose, 
on or before the fifteenth day of November in each 3'ear, sell at public 
auction, to the highest bidder who shall give satisfactory securit}' for 
the payment therefor, for the benefit of said cities and towns respec- 
tively, the privilege of taking shad and alewives in Taunton Great 
River, between the da^'S aforesaid and including those days, in the 
year next succeeding such sale, with the number of seines following : 
the cit3^ of Fall River and town of Freetown ma}^ each sell the privi- 
lege of fishing with one seine for the purpose aforesaid ; the towns of 
Somerset, Dighton, Berkley and Ra^'^nham may each sell the privilege 
of fishing with two seines for the purpose aforesaid ; and the town of 
Taunton may sell the privilege of fishing with three seines for the 
purpose aforesaid, which privileges of fishing shall be sold separately, 
and the purchaser or purchasers thereof ma}' locate and use the privi- 
lege or privileges by him or them obtained at an}' such sale, at any 
place upon Taunton Great River which he or they may select or pro- 
cure, with the consent of the owner or owners of the shore on which 
such location or locations may be made. 

Sect. 3. No seine that shall be used for the purpose of fishing in 
said Taunton Great River in the towns of said Taunton and Raynham, 
and in the towns of Berkley and Dighton above Rocky Point, shall be 
more than twenty rods in length ; and no seine that shall be used for 



INLAND FISHERIES. 269 

such purpose in said towns of Berkley and Dighton below Rocky 
Point, shall be more than thirty-five rods in length ; and no seine that 
shall be used for such purpose in the towns of Somerset, Freetown or 
the city of Fall River, shall be more than forty rods in length. And 
no shad or alewives shall be taken by any instrument or means at any 
time within one mile and a half of the dam near " King's Bridge," so 
called, in Squawbetty Village. 

Sect. 4. No seine shall be allowed to be set or to remain in said 
Taunton Great River for any longer time than is necessary to cast the 
same and haul it immediately to the shore. And no seine or other 
obstruction to hinder the fish going up shall be put in the river below 
the dam at Squawbetty Village during the time not allowed for fishing, 
hereinafter mentioned. And all locations that shall be made on the 
shore of said river for the purpose of fishing shall have the upper and 
lower limit thereof designated by some proper object on the shore, 
which shall not be changed during any one fishing season ; and such 
locations shall be forty rods in length above Rocky Point, and forty- 
five rods in length below Rocky Point. And no seine shall be swept 
without the compass of two parallel lines drawn, the one from a point 
ten rods above the upper limit, and the other from a point ten rods 
below the lower limit of all locations above Rocky Point, and at right 
angles with a line drawn from such upper and lower limits ; or with- 
out the compass of two parallel lines drawn, the one from a point 
thirty rods above the upper limit, and the' other from a point thirty 
rods below the lower limit of all locations below Rocky Point, and at 
right angles with a line drawn from such upper and lower limits ; all 
said distances above and below to be measured on the shore of said 
river. And no seine shall be swept more than fifty rods in the river 
above Rocky Point, or more than seventy-five rods in the river below 
Rocky Point, at any one sweep. 

Sect. o. No shad or alewives shall be taken in any part of Taun- 
ton Great River or the Newmasket River, between the hours of nine 
o'clock on Friday evening of each week and four o'clock on Monday 
morning succeeding, from the first day of March to the tenth day of 
June in each year hereafter, including both of said days ; and no shad 
or alewives shall be taken in Taunton Great River above Berkley and 
Dighton Bridge, between the hours of twelve o'clock in the night 
following Thursda}^ of each week, and four o'clock on Monday morn- 
ing succeeding, from the first day of March to the tenth daj' of June 
in each year, including both of said days. 

Sect. 6. The several purchasers of the privileges aforesaid shall 
select the place where they intend to use the same for the purpose of 
catching shad and alewives, and shall file a certificate of such selection, 
and the location thereof, with the clerk of the city or town within 



270 LAWS RELATING TO 

which such location shall be made, on or before the first day of March 
in each _year hereafter. And the purchaser or purchasers so locating 
said privileges shall have the right to catch shad and alewives in Taun- 
ton Great River for the time named in the first and fifth sections of 
this act, at their respective locations to be made as aforesaid, and no 
other persons except the assistants of such purchaser or purchasers. 

Sect. 7. No person shall set any seine, net, weir or other hin- 
drance or obstructions in or across said river or any part thereof, or 
in an}' of the waters connected therewith, except in the mouth of 
Broad Cove, so called, in the towns of Dighton and Somerset ; nor 
shall any person at an}- place on said waters, drive or pursue with any 
boat or boats, contrary to the intent and meaning of said act, any 
shad or alewives ; nor shall any person beat or whip the said waters 
with any instrument or thing, or throw into said waters any earth or 
other substance or thing whereby said fish shall be hindered, dis- 
turbed, destroyed, driven or delayed, during the time named in the 
first section of this act. And if any person shall be found fishing 
with any seine, net or other instrument, contrary to the provisions of 
this act, and if any person shall be found having or conveying away 
in any building, boat or vessel, or in any cart or other vehicle, any 
fish taken in violation of the provisions of this act, knowing the same 
to be so taken, it shall be lawful for any fish-warden, chosen in pursu- 
ance of the ninth section of this act, to enter any such building and 
take to his own use all such fish and any such seine, net or other in 
strument, any such boat, vessel, cart or other vehicle, without any 
warrant other than is given by the provisions of this section. 

Sect. 8. The inhabitants of the towns of Sliddleborough and 
Lakeville shall have the whole control and manngcnient of the fisher- 
ies on the Newmasket River, and shall have the right to catch, by 
their committees or their agents dulj' chosen in legal meetings, or to 
sell the right of catching, shad or alewives b}' set-nets or dip-nets, 
during the time named in the first section of this act, at any three 
places within the limits of said towns, to be designated for each 3'ear 
by said towns in legal meetings, each of such rights to be used only 
from four o'clock on Monday morning to nine o'clock on Friday even- 
ing of each week, and at no other time or places duiing the period 
named in said first section. And the net proceeds of such fisher}' or 
sales shall be divided between the said towns of Middleborough and 
Lakeville, in proportion to the number of ratable polls in each re- 
spectivel}', and the respective parts of such proceeds shall be disposed 
of b}' said towns respectivel}' in such manner and for such purposes as 
each town shall for itself determine and direct. 

Sect. 9. The several towns aforesaid, at their annual meetings in 
the months of March or April, and the mayor and aldermen of any 



INLAND FISHERIES. 271 

city upon said river, at any meeting, shall choose, by ballot, each, 
three or more persons for fish-wardens, whose duty it shall be to see 
that this act is enforced, and prosecute for all breaches or violations 
thereof; and each fish-warden so chosen shall be sworn to the faithful 
discharge of his duty by the clerk of any city or town in which he 
may be chosen, within ten days after his election ; and said clerk 
shall make record thereof; and such fish-wardens when duly sworn 
are authorized to measure seines and locations, and to pursue the 
duties of their office in any place, and to enter any building where 
the}' have good cause to believe any fish taken in violation of the pro- 
visions of this act are kept. And if any person chosen fish-warden 
as aforesaid, shall neglect, for the space of ten days after his elec- 
tion, being notified thereof, to take the oath aforesaid, he shall forfeit 
and pay to the use of the town or cit}' in which he was so elected or 
chosen, a fine of ten dollars, to be recovered in an action of tort, in 
the name of the treasurer of such town or city, and the town or city 
shall proceed to fill the vacancy ci'cated by such refusal to be qualified 
as aforesaid ; and if any of said towns or cit}' shall neglect to choose 
fish-wardens as aforesaid, or to make sale of their privileges as afore- 
said, such town or city shall forfeit and pay a fine of one hundred 
dollars, to be recovered in an action of tort, to the use of any person 
who shall sue for the same. 

Sect. 10. The proprietors of the mills and dam at King's Bridge 
in Squawbetty Village, and all other proprietors of dams on said 
rivers, shall keep open a good and sufficient wa}' for the passage of 
fish that usually go up said Taunton Great River in their usual and 
proper season during the time named in the first section of this act : 
provided, such fish way need not be kept open in the spring of the 
year before such proprietors or some one of them, or their agent or 
agents, shall have been notified to open them by some fish-warden. 
And the proprietors of any dam on said rivers who shall not comply 
with the provisions of this section, shall forfeit and pay the sum of 
twenty dollars for each and every day during which they shall wilfully 
neglect to comply therewith, to be recovered in an action of tort, to 
the use of any fish-warden who shall sue for the same, in any court of 
competent jurisdiction. 

Sect. 11. Any person who shall violate an}' of the provisions of 
this act, or shall take any shad or alewives in the waters aforesaid, at 
any time or in any manner contrary- to the provisions of this act, shall 
forfeit and pay a sum not less than five nor more than fift}' dollars, to 
be recovered in an action of tort, in any court having jurisdiction of 
either of the parties to such action, to the use of the person who 
shall sue for the same ; or shall, upon complaint made before any jus- 
tice of the peace having jurisdiction of the offence and conviction 



I 



272 LAWS EELATING TO 

thereon, be punished b3^ a fine not exceeding twenty dollars and im- 
prisonment not exceeding sixty days. And in any suit or complaint 
instituted under the provisions of this section, the right of appeal 
shall be had to the court of common pleas by either party in such 
action, or the defendant in such complaint. 

Sect. 12. This act shall take effect from and after its passage; 
and all acts and parts of acts inconsistent with the provisions of this 
act, are hereby repealed. — [Maj^ 19, 1855. 

[1863, 73 ; 1866, 54 ; 1871, 258 ; 1875, 71 ; 1876, 208 ; H879, 83.] 

[Resolves, 1832, 120.] 
Resolye concerning the Fisheries in Taunton Great River. 

1855, Res. 22. Resolved, That the governor be requested to 
appoint three commissioners to examine into the condition of the 
fisheries in Taunton Great River, and the laws regulating the same, 
and to report such alterations or amendments of said laws as may 
tend to promote the interest and harmony of the inhabitants of the 
several towns on said river. — [March 17, 1854. 

1856. 

[1855, 171.] 
An Act to protect the Fisheries in Ipswich River. 

1856, 14. Be it enacted, etc., as follows: Sect, 1. The inhabi- 
tants of the town of Ipswich, in Essex County, may at any time 
between the first day of April and the first day of June (Sundays 
excepted), take alewives from Ipswich River, in said town, with dip- 
nets, and at no other time. 

Sect. 2. No person shall, between the first day of April and the 
first day of June, set, draw or stretch any seine or drag-net in any of 
the waters in Ipswich River, within the limits of said town. 

Sect. 3. Any person who shall offend against the provisions of 
either of the foregoing sections of this act, shall for each and every 
offence forfeit the sum of one hundred and fifty dollars, one half 
thereof to the use of the complainant, and the other half to the use 
of the town. 

Sect. 4. All acts and parts of acts inconsistent with this act are 
bereb}' repealed. 

Sect. 5. This act shall take effect from and after its passage. — 
[February 13, 1856. 



[1848,185; 1851,126] 

An Act in addition to " An Act to incorporate the Pocha Pond Meadow and Fishing 

Company in Edgartown." 

1856, 45. Be it enacted, etc., as follows: Sect. 1. The Pocha 
Pond Meadow and Fishing Company, in Edgartown, in Dukes County, 



INLAND FISHERIES. 273 

their successors and assigns, are hereby exclusively empowered, by 
seines, nets, or any other fishing apparatus, at any tinie between the 
first day of March and the first da}^ of July in each year, to take 
herrings from the waters of Pocha or Capepoge Ponds, in said Edgar- 
town, or any of the outlets thereof. 

Sect. 2. If an}^ person shall set, stretch or drag a seine or net in 
said pond, or the outlets thereof, or shall in any manner catch, or 
attempt to catch herrings therein, except as above provided, without 
the consent of the said company, he shall forfeit and pay to the use 
of the aforesaid company the sum of twent}* dollars for each offence, 
and an additional sum of twenty- dollars for each and every barrel of 
herrings so taken. 

Sect. 3. If any person shall in any way hinder or prevent the 
herrings from passing through any or either of the aforesaid ponds, 
or the outlets thereof, during the period aforesaid, he shall for each 
and every offence forfeit and pay to the use of said company the sum 
of one hundred dollars. 

Sect. 4. The penalties above provided for may be sued for and 
recovered in an action of debt, or an act of trespass in the case, in 
any court proper to tr}' the same. 

Sect. 5. The proprietors of the aforesaid corporation may increase 
the number of shares to sixteen. 

Sect. 6. All acts and parts of acts inconsistent with the provisions 
of this act, are hereb}^ repealed. 

Sect. 7. This act shall take effect from and after its passage. — 
[March 11, 1856. 

[Sp. Laws, vol. 3, p. 5.] 

An Act to protect the Fisheries in Ipswich River, in the towns of Hamilton, Wenham, 

Topsfield, Boxford and Middleton. 

1856, 52. Be it enacted, etc., as follotvs: Sect. 1. No person 
shall set, stretch or draw any seine or drag-net in any of the waters 
in Ipswich River, within the limits of the towns of Hamilton, Wen- 
ham, Topsfield, Boxford and Middleton. 

Sect. 2. Any person who shall offend against the provision of 
section first of this act, shall for each and every offence forfeit the 
sum of one hundred dollars, one half thereof to the use of the com- 
plainant, and the other half to the town where the offence was com- 
mitted. 

Sect. 3. This act shall take effect from and after its passage. — 
[March 15, 1856. 

An Act to regulate the Construction of Fish-Weirs. 
1856, 50. Be it enacted, etc., as follows: Sect. 1. The mayor or 
aldermen of any city, and the selectmen of the several towns lying 



274 LAWS RELATING TO 

upon the tide-waters of this Commonwealth, are hereby empowered 
to authorize, in writing, any person to construct fish-weirs in said 
waters, within the limits of such city or town, for a term not exceed- 
ing five years : provided, said weirs shall cause no obstruction to 
navigation nor encroach on the rights of others. 

Sect. 2. If any person shall wilfully injure or destroy said weirs, 
or any part thereof, or shall, without leave of the owners thereof, take 
from the same any fish found therein, he shall, upon conviction, forfeit 
and pay to the use of the owners of said weirs, a sum not exceeding 
twenty dollars, to be recovered in an}' court of competent jurisdiction, 
and shall, moreover, be liable to the parties injured for all damages, 
in a civil suit. 

Sect. 3. This act shall take effect from and after its passage. — 

[March 15, 1856. 

[P. S., 91, ^ 70.] 

[Sp. Laws, vol. 1, p. 269.] 

An Act relating to Fish-ways at the several Dams on Barker's River, so called, in the 

Town of Pembroke. 

1856, 83. Be it enacted, etc., as follows : Sect. 1. The owners 
or occupants of the several mill-dams erected across Barker's River 
may construct, in the manner prescribed by the fish-committee of the 
town of Pembroke for the time being, good and sufficient passage-wa^^s 
for the fish called alewives to pass said dams up said river to the 
Indian Ponds, so called, in the towns of Pembroke and Hanson ; 
and the owners or occupants of said dams shall cause the same to be 
built and kept in repair at their own expen.se, and the same shall be 
kept open from the tenth day of April to the fifteenth day of Ma}-, 
inclusive, in each year. 

Sect. 2. In case the owners or occupants of said dams shall 
neglect or refuse to comply with the foregoing requisition, then said 
owners or occupants shall take up the waste-ways of said mills, 
agreeable to an act entitled "An Act to equalize and protect the fish- 
ery on the North River, so called, in the count}' of Plymouth," passed 
the nineteenth of Ma}^ one thousand eight hundred and fift^^-three. 

Sect. 3. The fish-committee of the town of Pembroke, for the 
time being, shall have full power to regulate and control the flow of 
water in Barker's River and Indian Ponds, so long as they may deem 
it necessary for the preservation of said alewive fish in their passage 
to and from said Indian Ponds. 

Sect. 4. All acts and parts of acts inconsistent with this act, 
are hereb}'^ repealed. 

Sect. 5. This act shall take eftect from and after its passage. — 

[April 3, 1856. 

[1865, 47.] 



INLAND FISHERIES. 275 

An Act for the preservation of Fish in Buzzard's Bay, within the Towns of Sandwich 

and Wareham. 

1856, 176. Be it enacted^ etc., as follows : Sect. 1. No person 
shall set, draw or stretch an}' seine or net, for the purpose of taking 
any fish, except blue fish, in the baj's, harbors, ponds, rivers or creeks, 
of the waters of Buzzard's Bay, within one mile from the shore, and 
within the jurisdiction of the towns of Sandwich and Wareham. 

Sect. 2. From the first day of April to the first daj^ of July 
inclusive, it shall be unlawful for any person to take more than one 
hundred pounds per week of lobster, tautog, bass or scuppaug, within 
the waters aforesaid. 

Sect. 3. Any person violating the provisions of this act, or either 
of them, shall be subject to a penalty of not more than fift}' dollars, 
oneh alf to the complainant and the remainder to the towns in whose 
jurisdiction the offence was committed. 

Sect. 4. The penalties above provided for may be sued for and 
recovered in an action of contract, or an action of tort, in any court 
proper to try the same, upon complaint of the selectmen or any legal 
voter of the towns of Sandwich or "Wareham. 

Sect. 5. This act shall take effect from and after its passage. — 
[May 24, 1856. 

An Act to incorporate the Farm Pond Fishing Company, in Edgartown. 

1856, 211. Be it enacted, etc., as follows: Sect. 1. Elijah Nor- 
ton, Benjamin Davis and Orlando E. Davis, their associates, succes- 
sors and assigns, are hereby made a corporation by the name of the 
" Farm Pond Fishing Company, in Edgartown," in Dukes Count}", 
and are empowered to close the present outlet of said pond and to 
make another outlet at such place as they ma}' select, through the 
lands of said proprietors to the Vineyard Sound, for the purpose of 
creating a herring fishery. 

Sect. 2. The aforesaid corporation are hereby empowered, by 
seines, nets or otherwise, to take herring from the waters of the said 
pond, or the outlet thereof, at such times as a majority of the pro- 
prietors at a legal meeting may direct. 

Sect. 3. If any person shall set, stretch or drag a seine or net in 
said pond or outlet thereof, except as above provided, without the 
consent of said company, he shall forfeit and pay to the use of said 
compan}' the sum of ten dollars for each offence, and an additional 
sum of ten dollars for each and every barrel of herring so taken, to 
be recovered in any court proper to try the same : provided, however, 
that nothing in this act shall prevent any person from taking any 
other fish from said pond. 

Sect. 4. The present owners of lands adjoining the said pond, 



276 LAWS RELATING TO 

or creek, or outlet, shall have each oue share ouly in said fishery ; 
and no one of them shall, by conveyance or descent of his lands, 
create or cause to be created an additional number of shares : pro- 
vided^ however, that each of the present owners, or his successors or 
assigns, may divide his original share into parts or fractions. 

Sect. 5. The foregoing provisions of this act shall not affect the 
existing rights of any person or corporation. — [May 30, 1856. 
[Dissolved 1884, 156.] 

An Act for the protection of the Fisheries on the South Shore and Bays on the South 
side of the Town of Barnstable and District of Marshpee. 

1856,214. Be it enacted, etc., as follows: Sect. 1. It shall be 
unlawful to set or draw any seine or drag-net to take fish in any of 
the bays, or in waters within one mile from the beach and shore on 
the south side of the town of Barnstable and district of Marshpee, 
within the limits between Succanesset Point and Point Gammon, 
between the first day of April and the first day of November, in 
each year. 

Sect. 2. The provisions of the sixteenth section of the fifty-fifth 
chapter of the ReA'ised Statutes, concerning the taking of shell-fish 
in the town of Chatham, shall be, and the same hereby are extended 
to the south shore of the town of Barnstable and district of Marshpee. 

Sect. 3. Every person violating any provision of this act shall 
forfeit and pay for each offence not less than twenty nor more than 
one hundred dollars, to be recovered, together with costs of suit, by 
an action of tort, brought by an}' inhabitant of said town or district, 
in any court competent to try the same. 

Sect. 4. Any boat, craft or seine being in the possession or use 
of any person violating the provisions of this act at the time and 
place of such violation, may be seized by any inhabitant of said town 
or district, and detained not exceeding forty-eight hours, in order 
that the same, if need be, ma}^ in that time be attached or arrested 
by due process of law, for the better security of the payment of the 
said fines and forfeitures with cost : provided, however, that if the 
person owning, or so in the possession or use of such boat or craft, 
shall, before being sued therefor, pay said highest named penalty to 
either the treasurer of the town of Barnstable or of the district of 
Marshpee, such boat or craft shall be discharged with the contents 
therein ; and provided, also, that if the person owning or so in the 
possession or use of such seine, shall, as aforesaid, pay as aforesaid 
the same lowest named penalty, such seine shall be discharged in like 
manner. 

Sect. 5. All forfeitures and penalties recovered and received by 
virtue of this act, 'shall go one half to the complainant and the other 



INLAND FISHERIES. 277 

half for the use of the said town, if the complainant shall be an 
inhabitant thereof, or for the use of said district if the complainant 
shall be an inhabitant of said district. 

Sect. 6. Nothing in this act contained shall be construed to pre- 
vent the taking of menhaden or mackerel, by the use of seines, 
within the said waters, between Succannesset and Point Gammon, 
when used bo7ia fide for that purpose and not for the purpose of 
taking other fish. 

Sect. 7. This act shall take effect from and after its passage. — 
[May 30, 1856. 

[P. S. 91.] 

Ax Act to protect the Fishery in Pleasant Bay. 
1856, 225. Beit enacted, etc., as follows : Sect. 1. The town of 
Orleans, at any legal town meeting called for the purpose, may make 
and enact such laws as they ma}' from time to time deem expedient, 
to protect and preserve the fishery in Pleasant Bay and all the inlets 
therefrom within the limits of said town of Orleans : i^rovided, always, 
that no law, made as above, shall infringe upon the laws of the 
Commonwealth. — [May 31, 1856. 

[1855, 171.] 
An Act in addition to the several Acts for the protection of the Fisheries in Ipswich 

River. 

1856, 248. Beit enacted, etc., as follows: Sect. 1. When any 
person is found violating the provisions of any law for the protection 
of the fisheries in Ipswich Piver, it shall be lawful for any constable 
of the towns mentioned in said act to seize and detain any boat, 
vessel or nets used b}' such persons as are found violating said laws 
for the protection of fisheries in Ipswich River, and hold such boat, 
vessel or nets, until the lowest fine named in those acts shall be paid 
or good and sufficient bond, with suret}-, shall be given to abide the 
judgm.ent of the court in that case. 

Sect. 2. This act shall take efll'ect from and after its passage. — 
[June 3, 1856. 

[1826, 54; 1851,77.] 
An Act to protect the Fishery in the Town of Edgartovvn. 
1856, 285. Beit enacted, etc., as follows: Sect. 1. No person 
shall set, draw or stretch Siny seine or net of anj^ kind within one mile 
from the shore of any of the ponds, creeks, ba3's, harbors or inlets of 
the sea within the limits of the town of Edgartown, excepting in a 
pond known by the name of the Oyster Pond, from the first day of 
April to the first day of October, exclusive, in each year ; nor shall 
any person not an inhabitant of said town at any time set, drag or 



278 LAWS EELATING TO 

stretch anj' seine or net in an}- of the ponds, creeks or outlets thereof. 
The seining of menhaden and mackerel is exempted from this act. 

Sect. 2. Any person violating any provision of this act shall be 
liable to a fine not exceeding three hundred dollars for each offence, 
or any boat, vessel or fishing apparatus used by persons violating the 
provisions of this act may be seized and detained not exceeding the 
time of forty-eight hours, by any person appointed for the purpose by 
the town of Edgartown, for the purpose of duly prosecuting the 
person offending this law. 

Sect. 3. The town of Edgartown is hereby authorized to choose, 
at the annual town meeting or at any meeting duly warned for that 
purpose, such number of fish-wardens as may at the time be thought 
necessarjs who shall be sworn to the faithful discharge of their duty, 
whose duty it shall be to prosecute for offences against the provisions 
of this act ; one half of all fines imposed and collected shall inure to 
the fish-wardens, and the other half to the Commonwealth. 

Sect. 4. All fines or penalties for violating any provision of this 
act, with costs, may be sued for and recovered in any court compe- 
tent to tr}^ the same, on complaint of either of the fish-wardens. 

Sect. 5. This act shall take effect from and after its passage. — 

[June 6, 1856. 

[1872, 248.] 

[Sp. Laws, vol. 1, p. 272.] 
An Act for the preservation of Fish in the Merrimac River. 

1856, 289. Be it enacted, etc., as follows: Sect. 1. The Essex 
Company shall, before the first day of February which will be in the 
year one thousand eight hundred and fifty-seven, make and forever 
thereafter maintain in or around their dam in Lawrence, a suitable 
and suflficient fish-way for the usual and unobstructed passage of 
fish during the months of April, May, June, September and October, 
in every year, under a penalty of not less than one hundred dollars 
nor more than five hundred dollars for every day said company shall 
neglect to make and maintain such fish-way after said first da}'^ of 
February, to be recovered by indictment in either count}' of Essex or 
Middlesex, one half to the use of the complainant and one half to the 
use of the Commonwealth. 

Sect. 2. No person shall take an}- fish with a spear, net, hook or 
seine during either of the months aforesaid in any year, within eighty 
rods of said dam or the entrance of said fish-way. 

Sect. 3. Every person oflfending against the provisions of the 
preceding section shall be punished by fine, not exceeding one hun- 
dred dollars for each offence, one half of which shall inure to the use 
of the complainant, and the other half to the use of the Commonwealth. 



INLAND FISHERIES. 279 

Sect. 4. All acts and parts of acts inconsistent herewith are 
hereby repealed. — [June 6, 1856. 

Resolve concerning the Artificial Propagation of Fish. 

1856, Res. 58. Resolved, That his excellency the governor, with 
the advice of the council, be authorized to appoint three commissioners 
whose duty it shall be to ascertain and report to the next general 
court, such facts respecting the artificial propagation of fish as may 
tend to show the practicability and expedienc}^ of introducing the 
same into this Commonwealth under the protection of law ; and said 
commissioners shall keep an account of their actual expenses in 
executing this commission, to be duly audited and allowed b}' the 
governor and council, and paid by warrant upon the treasury duly 
drawn by the governor for that purpose : provided, however, that the 
amount does not exceed one thousand dollars. — [May 16, 1856. 

1857. 

An Act to amend Chapter Fifty -five of the Revised Statutes, relating to Fisheries 

1857, 30. Be it enacted, etc., as foUohs: Sect. 1. No person 
shall take or catch any pickerel or trout in any rivers, streams or 
ponds, in any other manner than by hooks and lines : and no person 
shall take any pickerel in any rivers, streams or ponds, from the first 
day of December to the first day of May ; and every person offending 
against an}' of the provisions of this act shall forfeit the sum of one 
dollar for every pickerel or trout by him taken contrar}^ to the said 
provisions, to be recovered by indictment, or on complaint before any 
justice of the peace ; and one half of said fine shall belong to the 
complainant, and the other half to the Commonwealth : provided, that 
the inhabitants of any town may, at their annual meeting, suspend, 
in whole or in part, the provisions of this act, so far as respects such 
town, for any time not exceeding one year. 

Sect. 2. The second section of chapter fifty-five of the Revised 
Statutes, relating to fisheries, is hereby repealed. — [March 25, 1857. 

[P. S.91.] 

[Sp. Laws, vol. 2, p. 502.] 
An Act to protect the Menhaden Fishery in the Towns of Duxbury, Plymouth and 

Kingston. 

1857, 85. Be it enacted, etc., as follows: Sect. 1. Every per- 
son who shall, between the first day of May and the first day of 
November, inclusive, in each year, deposit the ofl'al or waste dressing 
of the fhenhaden fish upon the shores or flats, or throw the same into 
the waters of the bays, harbors, rivers or creeks of the towns of 
Duxbury, Plymouth or Kingston, shall, for each and every off"ence, 
forfeit and pay a sum not exceeding fifty dollars, one half to the 



280 LAWS RELATING TO 

complainant, and the remainder to the town within whose jurisdic- 
tion the offence was committed, to be sued for and recovered in an}'^ 
court competent to try the same, on complaint of any one of the select- 
men, or any legal voter of either of the towns of Duxbur}-, Kingston 
or Plymouth. 

Sect. 2. An}' boat, craft, vessel or fishing apparatus used by per- 
sons violating the provisions of this act, may be seized and detained 
not exceeding fortj^-eight hours by the selectmen of either of the 
towns aforesaid, in order that the same, if need be, may be attached 
or arrested by due process of law, to satisfy said fine, with costs. 

Sect. 3. This act shall take effect from and after its passage. — 
[April 24, 1857. 

An Act to incorporate the Lagoon Pond Company in Dukes County. 

1857, 87. Be it enacted^ etc., as follows : Sect. 1. Bayes Norton, 
Darius Norton, Elisha T. Smith, and their associates and successors, are 
hereby made a corporation by the name of the Lagoon Pond Company, 
in Dukes County, and are empowered to build a dam across said pond 
about or from that part of the pond called Long Point, for the pur- 
pose of creating a herring and perch fishery ; and said company shall 
possess the exclusive right to said herring and perch fishery : provided, 
that all persons ma}^ take fish from said pond with hook and line and 
may spear eels and dig clams therefrom. 

Sect. 2. The said company shall make said dam within two 
3^ears from the passage of this act ; and said dam shall be of suflScient 
width and strength, with a good and sufficient bridge, so that it can 
be used as a public highway. 

Sect. 3. The said dam shall not injure by its height any of the 
surrounding meadows, or take away or injure an}' existing right of 
any person or corporation whatever. 

Sect. 4. For the above named purposes said company shall have 
all the powers and privileges and be subject to all the duties, restric- 
tions and liabilities contained in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 5. If any person, without leave from said company, shall 
take any fish from said pond except as provided in this act, the}' shall 
forfeit for each offence a sum not exceeding twenty dollars, which 
may be recovered in any court competent to try the same. — [April 
24, 1857. 

[1862,47; 1885,245.] 

An Act to incorporate the Caleb's Pond Company. 
1857, 193. Be it enacted, etc., as follows: Sect. 1. Valentine 
Pease, Henry Pease, 2d, and David Davis, their associates and sue- 



INLAND FISHEEIES. 281 

cessoi's, are hereby made a corporation by the name of the Caleb's 
Pond Company, in Edgartown, Dukes count^^ for the purpose of 
creating a herring and perch fishery ; and they are empowered to close 
the present outlet of said pond and make a new one through the land 
of the company. The profits of the fishery so created shall belong to 
the company ; but all persons may take fish with hook and line or 
spear eels from said pond. And for this purpose the company shall 
have all the powers and privileges and be subject to all the duties, 
restrictions and liabilities set forth in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 2. If any person, without permission of the company, shall 
take any fish from said pond, except as provided in this act, he shall be 
subject to a fine not exceeding fifty dollars, to be sued for in any court 
competent to try the same, and said fine shall belong to the company. 

Sect. 3. All persons who now are owners of land adjoining said 
pond or outlet, may become members of said corporation, provided 
they shall signify to the company their intention to become members 
within sixt}' days from the organization of the company ; and the 
company shall give public notice of their organization by publishing 
the same at least sixty daj's in the " Vineyard Gazette." 

Sect. 4. The present owners of the land adjoining the said pond 
or outlet who shall determine to become members of the corporation 
shall each be entitled to one share and no more. 

Sect. 5. In making or closing any outlet of said pond, the com- 
pany shall not infringe upon the rights of any person or corporation. 
— [May 19, 1857. 

1858. 

An Act regulating the Seining of Menhaden in the Rivers of the Commonwealth. 

1858,52. Be it enacted, etc., as follows: Sect. 1. The mayor and 
aldermen of any city or the selectmen of any town situated upon or ad- 
jacent to any river in which the seining of fish is now or may hereafter 
by law be prohibited, ma}^, upon the petition of twelve or more legal 
voters, and after due notice and hearing thereon, grant permission to 
such persons, upon such condition and with such restrictions as they 
may see fit, to seine menhaden therein, if, in their judgment the same 
is consistent with the public good : provided, however, that in all 
cases where two or more cities or towns are situated upon said waters 
and interested in said fishery, no action shall be had except upon 
petition to each of them, and by their concurrent vote. 

Sect. 2. If any person so licensed shall exceed in any manner 
the terms of said permission or violate any of the conditions thereof, 
he shall be subject to the same penalties as would attach to seiniug 
without such license. 



282 LAWS RELATING TO 

Sect. 3. Such license may be altered or revoked at any time, by 
the concurrent action of the municipal authorities granting the same. 
— [March 15, 1858. 

An Act to incorporate the Baker's Pond and Drain Fishing Company. 

1858, 65. Be it enacted^ etc., as follows: Sect. 1. Wilson V. 
Baker, Loren Baker, Orlando Baker and Laban Baker, their asso- 
ciates, successors and assigns, are hereb}" made a corporation by the 
name of the Baker's Pond and Drain Fishing Company, in the town 
of Yarmouth, and are empowered to make a suitable outlet from 
Baker's Pond in said town, through their own land, to Bass River, 
for the purpose of creating an alewive fishery, and are authorized to 
regulate the same ; with all the powers and privileges, and subject 
to all the liabilities, duties and restrictions contained in the forty- 
fourth chapter of the Revised Statutes. 

Sect. 2. If any person, without the permission of the said corpo- 
ration, shall take, catch or haul on shore any alewives from said 
Baker's Pond or Drain, or within one hundred yards from the mouth 
of said drain, he shall, upon complaint, forfeit a sum not exceeding 
two dollars, if the quantity taken be less than one barrel ; and if the 
quantity be more than one barrel, a sum not exceeding five dollars for 
each barrel of fish so taken, to be recovered in any court proper to 
try the same. 

Sect. 3. This act shall not take effect unless accepted by the 
town of Yarmouth, at a legal meeting called and held for that pur- 
pose within one year after the passage of this act. — [March 22, 1858. 

An Act in relation to the Pickerel and Perch Fishery in the District of Marshpee. 

1858, 94. Be it enacted, etc., as follows: Sect. 1. The dis- 
trict of Marshpee is hereb}' authorized and empowered, at any legal 
meeting held for that purpose, to make and establish b3'-laws in rela- 
tion to the taking of pickerel and perch in any of the ponds in said 
district, by hooks and lines, at any season of the year. 

Sect. 2. The said district, at an}^ regular meeting, with notice in 
the warrant that the subject will be acted on, may authorize the 
selectmen of said district to let or dispose of the pickerel and perch 
fishery, or either, within said district or any part thereof, from time 
to time, for any term not exceeding one year, to any person, upon 
such terms as may be by its by-laws fixed and established. 

Sect. 3. Any person who shall take or catch any fish in violation 
of the provisions of any by-laws established under authority of this 
act, shall forfeit and pay a fine of not less than one dollar nor more 
than twenty dollars, for each and every offence, to be recovered by 
prosecution before any court of competent jurisdiction, one-half to 
the person prosecuting and one-half to the said district. 



INLAND FISHERIES. 283 

Sect. 4. All acts and parts of acts inconsistent herewith are 
hereby repealed. — [March 26, 1858. 

[1833, 211 ; 1850, 6; 1855, 156; 1858, 95.] 
An Act in further addition to an Act to regulate the Fisheries in the Vicinity of Nan- 
tucket. 

1858, 95. Be it enacted^ etc., as folloios: Sect. 1. The pro- 
visions of the sixth chapter of the acts of eighteen hundred and 
fifty, and of the one hundred and fiftj^-sixth chapter of the acts of 
eighteen hundred and fifty-five, are hereby extended and shall apply 
to the taking of fish with any kind of net by an}^ person or persons 
within the limits prescribed in the act first above mentioned. — [March 

26, 1858. 

[1870, 284.] 

[Sp. Laws, vol. 2, pp. 222, 289; 1825, 63 ; 1851, 98.] 
An Act to protect the Herring Fisheries in the Town of Falmouth. 

1858,130. Be it enacted, etc., as follows: Sect. 1. No [>erson 
shall set down or stretch any seine or drag-net of any kind within a 
half mile from the mouth or outlet of any river or stream running 
from any pond in Falmouth into the sea, or Vineyard Sound, between 
Nobsque Point and Waquoit Harbor, from the twentieth day of 
March to the twentieth da}^ of September inclusive, in each j^ear. 

Sect. 2. Any person violating any of the provisions of this act 
shall be liable to a fine not exceeding one hundred dollars for each 
ofl!ence. 

Sect. 3. All fines and penalties for violating any provision of 
this act, with costs, may be sued for and recovered in any court 
competent to try the same, on the complaint of any inhabitant of 
said town of Falmouth, one half thereof to accrue to the complain- 
ant and the other half to the Commonwealth. 

Sect. 4. All acts and parts of acts inconsistent with this act, 
are hereby repealed. — [March 27, 1858. 

1859. 

[1837, 195.] 
An Act in addition to an Act to regulate the Fishery in Newbury. 

1859, 54. Be it enacted, etc., as follows : The third section of 
the one hundred and ninety-fifth chapter of the acts of the year eigh- 
teen hundred and thirty-seven, is hereby amended by striking out the 
words "five dollars" and inserting in place thereof the words "one 
dollar for each fish so taken." — [February 19, 1859. 

[Sp. Laws, vol. 1, p. 326.] 
An Act regulating the Herring Fishery in Indian Head River. 
1859, 90. Be it enacted, etc., as folloios: All the rights, duties, 
benefits and privileges conferred or imposed upon the towns of Pern- 



284 LAWS RELATING TO 

broke and Hanover, or either of them, by the act entitled "An Act 
for regulating the taking the fish called alewives in their passage up 
Indian Head River, so called, between the towns of Pembroke and 
Hanover, in the county of Plymouth, into a pond in said town of 
Pembroke known by the name of Indian Head Pond, " passed Feb- 
ruar^r twenty-second, in the 3'ear one thousand seven hundred and 
ninety-two, are hereb}' conferred and imposed upon the towns of 
Hanson and Hanover, in said county of Pl3'mouth. — [March 7, 
1859. 

[1849, 36 ; 1853, 186.] 
An Act relating to the Trout Fishery in Marshpee River. 

1859, 105. Be it enacted, etc., as follows: Sect. 1. The first 
section of the thirty-sixth chapter of the acts of the year one thou- 
sand eight hundred and fort3'-nine is hereb}^ so amended that no 
person shall take any trout in Marshpee River fx'om the fifteenth day 
of September in each year to the twentieth day of March in the year 
next ensuing. 

Sect. 2. The fifth section of chapter one hundred and eighty-six 
of the acts of the 3'ear one thousand eight hundred and fifty-three is 
hereby so amended that the selectmen of the district of Marshpee may 
lease or dispose of the trout or herring fisher}^ in said district, accord- 
ing to the provisions of said section, for terms of time not exceeding 
twenty years in any one lease. — [March 17, 1859. 

[I860, 46.] 

[1857, 30.] 
An Act to amend an Act relating to the Fisheries. 

1859, 106. Be it enacted, etc., as follows: Sect. 1. The first 
section of the thirtieth chapter of the acts of the 3'ear eighteen hun- 
dred and fifty-seven, is hereby amended by striking out all after the 
word "provided," in said section, and inserting the following: That 
the provisions of this act shall not extend to any town unless such 
town, at a legal meeting, shall adopt the same. — [March 17, 1859. 

1860. 

[1839, 102; 1856,214.] 
An Act to protect the Fishery in Marshpee. 

1860, 46. Be it enacted, etc., as follows: Sect. 1. No person 
shall take anj^ trout in Marshpee River, extending to and including 
all the waters into which said river empties from the westerlj- side as 
far as the water flows, to a line drawn due east and west across the 
northerly end of Poppenessett Island, so called ; thence on the same 
line east to the centre of the channel which forms the line of division 
between Barnstable and Marshpee ; thence by said line of division 



INLAND FISHERIES. 285 

northerly till it meets a line drawn due east from the mouth of Quaw- 
ker's River, so called ; thence west to the mouth of said Quawker's 
River, and thence by the shore to the said Marshpee River, from the 
fifteenth day of September in each year to the twentieth day of March 
in the year next ensuing. 

Sect. 2. No person except the proprietors of said district, shall 
take any trout in said river and the waters aforesaid, described in the 
first section, at any time, without a written permit from the treasurer 
of Marshpee, which shall specify the time when and the places where 
the person holding the same is allowed to fish. And no person shall 
at anj' time use any other means of taking trout in said river and 
waters described as aforesaid, than b}' angling with hooks and lines. 

Sect. 3. The said district may, by vote in legal meeting, make 
any regulations or by-laws respecting said fisheiy not repugnant to 
the provisions of this act ; and the income from said fisher}' shall inure 
wholly to said district. 

Sect. 4. Any person oflJending against the provisions of this act, 
or any regulations or by-laws passed by authority of the third section 
of this act, shall forfeit and pa}^ a fine of twenty dollars for each and 
every offence, to be recovered by prosecution before any trial justice 
in the county of Barnstable, to the benefit of said district. 

Sect. 5. Any person who shall have in his possession any trout, 
knowing the same to have been taken from said river contrary to the 
provisions of this act, shall forfeit the sum of fifty cents for ever}' 
trout so found in his possession. 

Sect. 6. If any minor shall offend against the provisions of this 
act, the parent, master or guardian of such minor shall be liable, and 
may be prosecuted accordingly therefor. 

Sect. 7. The said district, at any regular meeting, with notice in 
the warrant that the subject will be acted on, may authorize the 
selectmen of said district to lease or dispose of the trout or herring 
fishery belonging to said district, from time to time, for terms of time 
not exceeding twenty years in an}' one lease, the proceeds to go into 
the treasury for the benefit of the district ; and they may elect and 
appoint two or more fish-wardens to protect said fishery. All prose- 
cutions under this act shall be commenced within one year from the 
time when the offence is committed 

Sect. 8. The thirty-sixth chapter of the year eighteen hundred and 
forty-nine, and the fifth section of chapter one hundred and eighty-six 
of the year eighteen hundred and fifty-three, and chapter one hundred 
and five of the year eighteen hundred and fifty-nine are hereby re- 
pealed. 

Sect. 9. This act shall take eflfect from and after the first day of 
March next. — [February 24, 1860. 

[1864, 150.] 



286 LAWS RELATING TO 

An Act to incorporate the Assonet Fishing Company. 

1860, 82. Be it enacted^ etc., as follows: Sect. 1. Gilbert "Wins- 
low, John D. Wilson and John Crane of Freetown, their associates 
and successors, are hereb}- made a corporation by the name of the 
Assonet Fishing Company, for the purpose of introducing, cultivating 
and catching herrings or alewives in the Assonet River and Bay, so 
called, and the several ponds connected therewith ; and they are 
hereby empowered to alter such dams and construct such race-ways 
and adopt and carry out such other measures as ma}' be necessary to 
secure the aforesaid purpose, subject to all the duties, restrictions and 
liabilities set forth in the forty-fourth chapter of the Revised Statutes, 
and the sixty-eighth chapter of the General Statutes. 

Sect. 2. If any person, without the permission of said corpora- 
tion, shall take, catch or haul on shore any herrings in said river, bay 
or ponds, he shall forfeit and pay for the use of said corporation, a 
sum not exceeding three dollars, if the quantity so taken be less than 
one barrel ; but if the quantity be more than one barrel, the person 
so offending shall forfeit and pay for each barrel of fish so taken, the 
sum of five dollars, to be recovered in an}- court proper to try the 
same. 

Sect. 3. If an}- damage shall be done by said corporation to the 
property of any individual not a member of the corporation, such 
individual^ shall be entitled to recover reasonable damage, to be esti- 
mated in the same manner as damages occasioned b}- the lading out 
of highwa^-s. 

Sect. 4. Nothing herein contained shall authorize said compan}- 
to take or use the private property of any person without his consent, 
or deprive any inhabitant of the town of Freetown of any privilege 
which he now has of taking any kind of fish, excepting herring, from 
said river, bay or ponds. 

Sect. 5. This act shall take effect from and after its passage. — 
[March 17, 1860. 

[1813, 147; 1838, 19; 1844, 65; 1853, 377.] 
An Act to regulate the Fishery in the Agawam and Half-way Pond Rivers. 
1860, 89. Be it enacted, etc., as follows: Sect. 1. The town of 
Plymouth at its annual meeting in the month of March or April, and 
the town of Wareham at its annual meeting in the month of Novem- 
ber, of each year, shall choose, by ballot, a committee of not more 
than three persons each, who shall be sworn to the faithful discharge 
of their duties, in the manner of other town officers ; which committee 
shall, in the month of March, annually, after a public notice of at 
least ten days, sell at public auction the privilege of taking the fish 
called alewives and shad in the Agawam and Half-way Pond Rivers, 



INLAND FISHERIES. 287 

in the county of Plymouth, at such places, not exceeding two in said 
towns, and on such days, not exceeding three in each week, as said 
committee shall .agree upon and publish in their notice of sale ; they 
shall also express in said notice the manner of taking and disposing 
of said fish, and the price at which the purchasers may sell them, 
which price shall not exceed twent3'-five cents per hundred for ale- 
wives and four cents each for shad : provided^ nevertheless, that said 
committee ma}' fix upon one place in the town of Wareham and one 
day in each week for taking shad, different from the place and day 
of the week appointed for taking alewives. 

Sect. 2. The committee of the town of Plymouth, the first year 
after the passage of this act, and the committee of the town of Ware- 
ham the second year, and so on alternately, forever, shall notify the 
town clerk of the other town concerned in said fishery, of the time 
and place in which said committee shall meet, ten days at least before 
the time of meeting ; and the members of the committee present at 
the said meeting shall constitute a quorum for doing business. 

Sect. 3. If either of said towns neglects to choose its committee 
as aforesaid, or if the committee of either town neglects to give 
notice, as above required, to the other, said town so neglecting shall 
forfeit and pa}- to the use of the other which chooses such committee 
or whose committee gives such notice, for each neglect, the sum of 
one hundred dollars. 

Sect. 4. All persons except the purchasers aforesaid or those 
employed by them, who take any of said fish in said rivers or in any 
pond or stream having communication therewith, between the first 
day of April and the fifteenth day of June, both inclusive, in each 
year, shall forfeit and pay not less than five dollars nor more than 
fifty dollars for each and every offence. 

Sect. 5. The owner or occupier of any dam on said rivers, shall 
annually, between the fifteenth day of April and the fifteenth day of 
June next following, for such term of time and in such manner as 
said committee directs, open a sufficient passage for said fish through 
said dam ; and on failure of opening such passage or of continuing 
the same open as aforesaid, shall forfeit and pay the sum of one 
hundred dollars ; and said committee may open such dam, when 
neglected as aforesaid, at the expense of the proprietor thereof: 
provided, no more damage is thereby' done the owner than is neces- 
sary to eff'ect said purpose. 

Sect. 6. If any person makes an}' weir or causes any obstruction 
to the free passage of said fish up said rivers or makes use of any 
seine to take said fish in said rivers or in any pond or stream com- 
municating with the same in any other manner or at any other time or 
place than such as may be approved and established by said commit- 



288 LAWS RELATING TO 

tee, between the fifteenth day of April and the fifteenth day of June 
as aforesaid, he shall forfeit and pay not less than five dollars nor 
more than fift}' dollars for each and every ofl'euce ; and said commit- 
tee shall remove such weir or obstruction at the expense of the person 
causing the same, and also seize to the use and disposal of said towns 
any seine used as aforesaid, and make complaint to the town treas- 
urer of either of the towns aforesaid, of any violation of this act 
that shall come to their knowledge. 

Sect. 7. The treasurers of the aforesaid towns respectively shall, 
upon the complaint of any member of the committees aforesaid, sue 
for the recovery of an}- forfeitures incurred by a breach of any of the 
regulations provided in this act, and of any such further regulations 
as may be provided and established by said committees in conformity 
to this act ; and all fines and forfeitures recovered for any breaches 
aforesaid, except such as are provided in the third section of this act, 
shall, together with the proceeds of said fishery, be equally divided 
between said towns ; and all the expenses attending said suits shall 
in like manner be equally borne b}' them. And the treasurers afore- 
said respectively shall, in behalf of their respective towns, recover 
by an action on the case of any person or corporation withholding 
the same, one-half part thereof, in any court proper to try said 
action. 

Sect. 8. The purchasers of the privileges of taking said fish shall 
in all respects conform themselves to such regulations and conditions 
as said committees shall publish as aforesaid ; and on failure thereof 
shall forfeit and pay for each offence a sum not less than five dollars 
nor more than fifty dollars to be recovered in any court of proper 
jurisdiction. 

Sect. 9. Any member of the committees aforesaid may be admit- 
ted as a competent witness in any prosecution for a breach of any 
regulation as aforesaid. 

Sect. 10. The committee chosen in said town of Plymouth either 
in the months of March or April last, and the committee chosen by 
said town of Wareham in the month of November last, for the regu- 
lating the taking of alewives in said rivers, agreeably to the provisions 
of the act then existing for that purpose, shall perform all the duties 
for the present 3'ear that are required of committees hereafter to be 
chosen under the provisions of this act ; and they, as also committees 
hereafter chosen for the purposes contemplated by this act, shall 
receive out of the proceeds of said fishery, one dollar and twenty-five 
cents each for ever}' day's service they may be actually engaged in per- 
forming the duties herein required of them. 

Sect. 11. All acts and parts of acts inconsistent with the provi- 
sions of this act are hereb}' repealed. — [March 2U, 1860, 

[1863, 117.] 



INLAND FISHERIES. 289 

An Act to incorporate the Nine Mile Pond Fishing Company. 

1860,91. Beit enacted^etc, as follows: Sect. 1. Nelson Scudder, 
Daniel Scudder, Walter Chipraan, Elijah Sears, their associates and 
successors, are hereby made a corporation b}' the name of the Nine 
Mile Pond Fishing Compan}', for the purpose of opening a canal 
or outlet from Nine Mile Pond in Barnstable, and from Long Pond to 
tide-water, and maintaining the same ; and for that purpose are 
empowered to open such canal or outlet, and to continue the same in 
such manner as to said corporation shall seem fit and proper ; and 
thej' shall have all the powers and privileges and be subject to all the 
duties, liabilities and restrictions set forth in the forty-fourth chapter 
of the Revised Statutes and the sixty-eighth chapter of the General 
Statutes. 

Sect. 2. Any herring fishery which may be created in the canal 
or outlet or the ponds aforesaid, by opening the same, or which may 
hereafter exist therein, shall be the property of said corporation ; 
and if any person, without the permission of said corporation, shall 
take, catch, kill or haul on shore any herrings in said canal or outlet 
or in the ponds aforesaid, he shall forfeit and pay, for the use «f 
said corporation, a sum not less than three dollars, if the quantity S') 
taken, killed, caught or hauled on shore be less than one barrel ; but 
if the quantity so taken, killed, caught or hauled on shore shall be 
more than one barrel, he shall forfeit and pay for each barrel of 
herring so taken, and for each fraction of a barrel, the sum of five 
dollars, to he recovered by an action of tort in the name of said cor-- 
poration in any court of competent jurisdiction. 

Sect. 3. Nothing herein contained shall authorize the said com- 
panj' to take or use the private property of any person without his 
consent ; and anj^ proprietor of lands adjoining said canal or outlet 
may become a member of said corporation if application be made 
therefor within six months from the time of the organization of said 
company under this act, by paying a due proportion of all expenses 
incurred by said corporation before the time of their admission. 

Sect. 4. If any person not a member of said corporation sliall 
receive damage in his lands or estate in consequence of the opening 
of said canal or outlet, or in consequence of the draining of said 
ponds or otherwise, and the parties in interest failing to adjust said 
damages, the party aggrieved may appl^- to the county commissioners 
of the county of Barnstable, who are hereby authorized to determine 
and assess the same ; and either party ma}^ appeal from the decision 
of said commissioners to the superior court of the county of Barn- 
stable, and have a trial by jur}^ in said court. 

Sect. 5. The said corporation, for the purpose herein set forth, 
and for maintaining and carrying on the fishery aforesaid, may hold 



290 LAWS RELATING TO 

real estate not exceeding two thousand dollars in value over and 
above the right of fishery named in the second section of this act. 

Sect. 6. The capital stoc?k of said corporation shall be one thou- 
sand dollars, represented by one hundred shares of ten dollars each, 
with the right to increase the same to three thousand dollars, by vote 
of said corporation. 

Sect. 7. Nothing herein contained shall give the corporation 
rights and privileges in any fishery now existing iu said ponds, over 
and above other citizens of the town of Barnstable ; and this act 
shall be void unless approved by the town aforesaid, at a public town 
meeting, by a majority of the voters present and voting thereon. 

Sect. 8. This act shall take eflfect from its passage. — [March 20, 
1860. 

1861. 

An Act to incorporate the Little Sipwissett Cranberry and Fishing Company in the 

Town of Falmouth. 

18G1,74. Beit enacted, etc., as foUoivs : Sect. 1. Barnabus Bower- 
man, Silas Gifford and Prince G. Moore, their associates and succes- 
sors, are hereby made a corporation by the name of the Little Sipwissett 
Cranberry and Fishing Compan}', for the purpose of improving and 
regulating the Little Sipwissett Meadow iu the town of Falmouth, by 
flowing and draining said meadow as the company shall deem best 
for the culture of cranberries, and also for the purpose of regulating 
and protecting the alewive fishery in a pond in said meadow, and in 
the river leading from said pond to Buzzard's Bay. 

Sect. 2. Said company shall have all the powers and privileges, 
and be subject to all the duties, restrictions and liabilities set forth in 
the sixty-eighth chapter of the General Statutes. 

Sect. 3. Whoever shall obstruct the passage of alewives between 
said pond and bay, in either direction, or, without the permission of 
said corporation, shall take any alewives from said pond or river, or 
shall set, drag or shoot any seine in Buzzard's Bay, within fifty rods 
of the mouth of said river, for the purpose of taking alewives there- 
from, shall forfeit a sum not exceeding twenty dollars, which shall 
inure to the benefit of the company. 

Sect. 4. This act shall take eflfect upon its passage. — [March 
15, 1861. 

[1815, 154.] 
An Act for the regulation of the Fisheries in the Town of Winchester. 

1861, 157. Be it enacted, etc., as folloivs: Sect. 1. The pro- 
visions of the act passed on the sixteenth day of February in the year 
of our Lord one thousand seven hundred and eighty-nine, entitled 
"An Act to prevent the destruction of the fish called shad and ale- 



INLAND FISHERIES. 291 

wives in Mystic River, so called, within the towns of Cambridge, 
Charlestown and Medford, and for repealing all laws heretofore made 
for that purpose," and also the provisions of the act passed on the 
second day of Februarj' in the year of our Lord one thousand eight 
hundred and sixteen, entitled " An Act for the regulation of the 
fishery in Woburn," shall extend to the town of Winchester in the 
county of Middlesex, and to all the streams therein running from any 
of the ponds or other waters there into Mj'stic Pond, so called. 

Sect. 2. " The committee for the preservation of fish," in the 
town of Winchester, may be elected either in the month of March or 
April, annually, and they shall be invested with all the powers and 
authority conferred by the acts aforesaid on the committees of the 
several towns therein mentioned. 

Sect. 3. Nothing in this act shall be construed to repeal, modify 
or affect any of the provisions of the act entitled " An Act to supplj'^ 
the city of Charlestown with pure water," approved March twenty- 
eight, one thousand eight hundred and sixty-one. 

Sect. 4. This act shall take effect upon its passage. — [April 9, 
1861. 

[1864, 234.] 

1862. 

[1857, 87.] 
An Act to prohibit Seining near the Outlet of Lagoon Pond in Dukes County. 

1861, 47. Be it enacted, etc., as follows: Sect. 1. No person 
shall set, draw or use any seine for taking fish, within fift}* rods of 
the dike, creek or outlet of Lagoon Pond, in Dnkes County, without 
first obtaining permission to do so from the Lagoon Pond Company 
in Dukes Count3^ 

Sect. 2. Any person violating this act shall, on conviction, pay a 
fine of twenty dollars, to be recovered before any court competent 
to try the same, for the use of said company. 

Sect. 3. This act shall take effect upon its passage. — [February 
28, 1862. 

An Act for the protection of Trout in Maple Spring Pond, in the Town of Wareham. 

1862, 58. Be it enacted, etc., as follows: Sect. 1. No person 
shall take any trout in Maple Spring Pond in the town of Wareham, 
or in the waters running into or flowing therefrom, from the fifteenth 
day of September in each year, to the fifteenth day of April in the 
year next ensuing ; nor shall any person take any trout therefrom 
except by hooks and lines, nor without permission of the proprietor 
or proprietors. 

Sect. 2. Any person offending against the provisions of this act 
shall forfeit and pay a fine of one dollar for each trout taken, to be 



292 LAWS RELATING TO 

recovered bj' prosecution before any trial justice in the county of 
Plymoutli. — [March 6, 1862. 

[1868, 110.] 

An Act for the protection of Trout in Nye's Pond in the Town of Sandwich. 

1862,94. Be it enacted, etc., as follows: Sect. 1. No person 
shall take any trout in Nye's Pond in Sandwich or tlie stream running 
therefrom to Jeremy's Creek, so called, from the first day of August 
in each year to the first day of April in the year next ensuing ; nor 
shall any person take any trout therefrom except b}' hook and line ; 
nor shall any person enter upon the land bordering upon said pond 
or stream, at any season of the year, for the purpose of taking trout, 
without the written permission of the proprietors. 

Sect. 2. Any person offending against the provisions of this act 
shall forfeit and pay a fine of one dollar for each trout taken, to be 
recovered by prosecution before any trial justice in the county of 
Barnstable. — [March 27, 1862. 

An Act for the protection of Fish in Little Quitticus Pond in the Towns of Lakeville 

and Rochester. 
[Sp. Laws, vol. 2, p. 516.] 

1862, 202. Be it enacted, etc., as follows: Whoever takes or 
catches an^^ fish in Little Quitticus Pond, so called, lying in the towns 
of Lakeville and Rochester and county of Plymouth, for a term of 
six years after the passage of this act, shall forfeit one dollar for 
every fish so taken. — [April 30, 1862. 

1863. 

[Sp. Laws, vol. 1, p. 422; 1855, 401.] 
An Act concerning the Fisheries in Taunton Great River. 

1863, 73. Be it enacted, etc., as follows: Sect, 1. The pro- 
visions of chapter four hundred and one of the acts of the year eigh- 
teen hundred fift^'-five, relating to the catching of shad and alewives 
in Taunton Great River and the Newmasket River, are hereby ex- 
tended to all waters connected with the Newmasket River, within the 
towns of Middleborough and Lakeville. 

Sect. 2. It shall be the duty of the fish-wardens chosen by the 
town of Middleborough, under the provisions of chapter four hundred 
and one, section nine of the acts of the year eighteen hundred and 
fifty-five, either personally or by the assistants by them appointed 
and employed, to use all needful care, watch and inspection to pre- 
vent any violation of an}- of the provisions of said act, from a point 
one mile and a half below the dam at Squawbetty Village up to the 
waters of Assawampscott Pond ; the expense of which care, watch 
and inspection shall be paid by said town of Middleborough ; and 



INLAND FISHERIES. 293 

the other towns on said Taunton Great River shall annually pay to 
said town of Middleborough, for reimbursement for their share in the 
benefits to be derived by them for said care, watch and inspection, 
the sums following : the city of Fall River and the town of Free- 
town, ten dollars each; the towns of Somerset, Dighton, Berkley 
and Rajmham, twenty dollars each ; and the town of Taunton, thirty 
dollars. And the said town of Middleborough may recover the same 
in an action of contract, in any court of competent jurisdiction. 

Sect. 3. Any person who shall beat upon the ground, or do any 
act whatsoever whereby said fish in said rivers shall be disturbed, 
driven, destroyed or delayed, from the first day of March to the tenth 
day of June in each year, contrary to the meaning and intent of the 
provisions of chapter four hundred and one of the acts of the year 
one thousand eight hundred and fifty-five, shall be entitled to all the 
pains and penalties named in the eleventh section of this act. 

Sect. 4. This act shall take effect upon its passage. — [March 12, 
1863. 

An Act to incorporate the East Falmouth Herriag River Company in Falmouth. 

1863, 81. Be it enacted, etc., as follows: Sect. 1. Henry F. 
Hatch, Benjamin H. Hatch, Robert H. Hatch and Isaac H. Hatch, 
their associates and successors, are hereby made a corporation by the 
name of the East Falmouth Herring River Company in Falmouth, 
and are empowered to open a brook or ditch through their own land 
from Ashuuiet Pond to Bourne's Pond, so called, and from thence to 
the Vineyard Sound, with full powers to regulate the same so far as 
is necessary for an alewive fishery ; and for this purpose said corpo- 
ration shall have all the powers and privileges, and be subiect to all 
the duties, restrictions and liabilities set forth in the sixty-eighth 
chapter of the General Statutes. 

Sect. 2. Whoever, without the permission of said corporation, 
shall take any alewives from said brook or river shall forfeit and pay 
a fine of five dollars, to be recovered before any court proper to try 
the same. 

Sect. 3. All persons who may be owners of land through which 
said brook passes or which adjoins the same, may become members 
of said corporation ; subject, however, to pa}' their proportional part 
of the expenses which shall have been incurred by said corporation 
before the time of their admission. 

Sect. 4. If any damage shall be done by said corporation to the 
property of any person not a member thereof, such individual shall 
have an action of tort for the injuries. And the members of said 
corporation shall be jointly and severally individually liable for such 
damage in an action of tort, in au}^ court having jurisdiction of the 



294 LAWS RELATING TO 

case ; and any member of said corporation of whom such damage has 
been collected, may have an action of contract against his co-members 
for contributions. 

Sect. 5, If said brook crosses the highway where no bridge now 
exists, said corporation shall build a bridge over the same to the 
acceptance of the selectmen of the town of Falmouth, and be held to 
keep the same in repair. 

Sect. 6. Nothing herein contained shall authorize said corporation 
to take or use the property of any persou without his written con- 
sent. 

Sect. 7. This act shall take effect upon its passage. — [March 12, 
1863. 

An Act for the protection of Pickerel in Clapp's Pond. 

1863,89. Be it enacted, etc., as follows: Sect. 1. Richard C. 
Hartford, his heirs and assigns, are hereby entitled to the exclusive 
right to take pickerel from Clapp's Pond, so called, in the town of 
Province town, for the term of ten years from the passage of this act : 
provided, the consent of the owners of said pond be first obtained. 

Sect. 2. Any person taking pickerel from said pond contrary to 
the provisions of this act, shall, on conviction in any court having 
jurisdiction of the offence, be fined not exceeding one dollar, to the 
use of the Commonwealth. — [March 14, 18G3. 

[1813, 147; 1838, 19; 1844, 65; 1853, 377; I860, 89.] 

An Act in addition to an Act to regulate the Fishery in Agawam and Half-way Pond 

Rivers. 

1863, 117. Be it enacted, etc., as follows : Sect. 1. The committees 
annually chosen by the towns of Plymouth and Wareham, under the 
provisions of the eighty-ninth chapter of the acts of the year eighteen 
hundred and sixt}-, shall have a general superintendence and control 
of the alewive and shad fishery in the Agawam and Half-way Pond 
Rivers, and in any pond or stream communicating therewith, through- 
out the entire year for which they are elected, and until other com- 
mittees are chosen and qualified in their stead. 

Sect. 2. All persons, excepting those who may be engaged with 
their agents in taking said fish under the license of said committees, 
within the times limited by said committee, who shall take any of the 
fish called alewives or shad in any stage of their growth, at any time 
of the year, in either of said rivers or in any pond or stream commu- 
nicating therewith, shall forfeit and pay uot less than five nor more 
than fifty dollars for each and every offence, to be recovered in the 
same manner and to the use of said towns, as is provided in the 
seventh section of the act herein first before referred to. 



INLAND FISHERIES. 295 

Sect. 3. All acts and parts of acts inconsistent with the provis- 
ions of this act, are hereby repealed. 

Sect. 4. This act shall take effect upon its passage. — [March 28, 
1863. 

1864. 

[Sp. Laws, V. 1, p. 269.] 
An Act to protect the Shad Fishery in the Connecticut River. 

1864, 62. Be it enacted, etc., as follows: Sect. 1. No person 
shall set, draw or sweep an}- seine or net the meshes of which are 
less than two and one-fourth inches square when new and dr}'^, for the 
l)urpose of catching shad or any other fish in that part of the Connecti- 
cut River which is within the limits of this Commonwealth, and below 
the dam across said river at Holyoke, between the first day of May 
and the fifteenth da}' of July during each year. 

Sect. 2. Every person violating the provisions of the preceding 
section shall be liable to a fine of not less than ten nor more than 
fifty dollars for each offence, to be recovered in auj' court competent 
to try the same ; one half of said fine to enure to the use of the town 
in which the offence shall be committed, and the other half to the per- 
son who shall prosecute therefor. 

Sect. 3. This act shall take effect upon its passage. — [March 2, 
1864. 

[1868, 130; 1869,76, 384, 422; 1870, 369.] 

[1856,214; 1860,46.] 
An Act to protect the Trout Fishery in Marshpee. 

1864, 150. Be it enacted, etc., as follows: Sect. 1. No person 
shall take any trout in Quashnet River in the district of Marshpee, 
from the fifteenth day of September in each year, to the twentieth da}' 
of March in the year next ensuing. 

Sect. 2. No person except the proprietor of said district shall 
take any trout in said river without a written permit from the treasurer 
of Marshpee, which shall specify the time when and the place where 
the person holding the same is allowed to fish ; and no person shall at 
any time use any other means of taking trout in said river than by 
angling with hook and line. 

Sect. 3. The said district may, by vote in legal meeting, with 
notice in warrant to that effect, make any regulations or by-laws re- 
specting said fishery not repugnant to the provisions of this act ; and 
the income from said fishery shall inure wholl}' to said district. 

Sect. 4. Any person offending against the provisions of this act 
or any regulations or by-laws passed by authority of the third section 
of this act, shall forfeit and pay a fine of twenty dollars for each 



296 LAWS RELATING TO 

offence, to be recovered by prosecution before any trial justice for tlie 
county of Barnstable, for the benefit of said district. 

Sect. 5. Any person who shall receive any trout knowing the 
same to have been taken from said river contrary to the provisions of 
this act, shall forfeit the sum of fifty cents for every trout so received. 

Sect. 6. Said district, at an}' regular meeting, with notice in the 
warrant to that effect, may elect and appoint two or more fish-wardens 
to protect said fishery. All prosecutions under this act shall be com- 
menced within one year from the time when the offence is committed. 

Sect. 7. This act shall take effect upon the first day of May 
next.— [April 13, 1864. 

[Sp. Laws, vol. 1, pp. 238, .512 ; vol. 3, p. 98. 1815, 54 ; 1820, 67 ; 1861, 157.] 
An Act In relation to Fisheries in the Town of Winchester. 

1864, 234. Be it enacted, etc., as follows: Sect. 1. All acts 
heretofore passed for the preservation of fish and the regulation of 
fisheries in the Mystic River, shall extend to the town of Winchester, 
and to all the ponds and streams therein ; and the committee for the 
preservation of fish in said town shall have full powers to remove all 
obstructions to the passage of fish therein, during the time fixed by 
law for the free passage of fish. 

Sect. 2. Nothing in this act shall be construed to affect any of 
the provisions of the act entitled " An Act for supplying the city of 
Charlestown with pure water," approved March twenty-eighth, in the 
year eighteen hundred and sixt3'-one. 

Sect, 3. This act shall take effect upon its passage. — [May 12, 
1864. 

[1865,219; 1867,149.] 



An Act to regulate Seining in the Harbor of Mattapoisett. 
1864, 259. Be it enacted, etc., as follows: No person shall set, 
draw or use any seine or net in the harbor of Mattapoisett or the 
waters flowing into said harbor, within a line drawn from Strawberry 
Point, on the easterly side of said harbor, to the most southerly 
point of Mattapoisett Neck, on the westerly side of said harbor, 
without the permission of the selectmen of Mattapoisett ; and any 
person offending against the provisions of this act shall forfeit and 
pay the sum of twenty dollars for each offence, to be recovered by 
complaint before any trial justice, for the use of the complainant. — 
[May 13, 1864. 

[1865, 183.] 



An Act to restrict the Seining of Fish in the Harbor of Marion. 
1864,273. Be it enacted, etc., as follows : Sect. 1. No person 
hall set, draw or use any seine or net for taking fish in the harbor 



INLAND FISHERIES. 297 

of Marion or in the streams running into said harbor, within a line 
drawn from Charles Neck Point, on the westerly side of said harbor, 
to Great Neck Point, on the easterl}- side of said harbor, without the 
permission of the selectmen of Marion. 

Sect. 2. Any person violating this act shall, on conviction, pay 
a fine of not less than twenty' nor more than fift}' dollars, to be re- 
covered before any court competent to try the same, for the use of 
said town. 

Sect. 3. This act shall take effect upon its passage. — [May 13, 
1864. 

1865. 

[Sp. Laws, vol. 1, p. 269; 1814,128; 1848,116; 1852,66; 1853,350; 1856,83.] 
An Act relating to the Alewlve Fishery in Barker's River. 

1865,47. Be it enacted ^ etc., asfolloius: Sect. 1. The select- 
men or any committee for the time being, of the town of Pembroke, 
having in charge the regulation of the alewive fishery in Barker's 
River in said town, may, at their discretion, close the passage-ways 
above the weir upon said river for the passage of alewives to the 
Indian Ponds, so called, in Pembroke, and may take any other meas- 
ures which they may deem necessary- and which are not prejudicial 
to the rights of mill-owners, to obstruct and effectualh' prevent the 
passage of alewives above said weir : provided, that said selectmen 
or committee shall from the first running of alewives after the tenth 
day of April in each year, take and deposit, alive and in good con- 
dition, in said Indian Ponds, not less than two thousand alewives, so 
they maj" cast their spawn in said ponds. 

Sect. 2. Alewives coming to said river after the number of two 
thousand shall have been deposited in said ponds as herein before 
required, may be taken on any secular da}' of the week and at any 
hour of the day, and disposed of under the direction of said selectmen 
or committee in the manner now provided by law. 

Sect. 3. The mill-owners upon said weirs shall not be liable to 
any of the penalties now provided by law for not opening a passage- 
way for alewives around or through their respective dams while said 
passage-ways are closed b}- order as aforesaid ; and nothing in this 
act shall be so construed as to abridge or impair the rights which any 
officers of said town now have by law to regulate the flow of water 
in said river. 

Sect. 4. All acts and parts of acts inconsistent with this act are 
hereby repealed. — [February 27, 1865. 



298 LAWS RELATING TO 

An Act to authorize the Town of Plymouth to establish Herring Fisheries in Eel 
River and Town Brook. 

1865, 58. Be it enacted, etc., as follows: Sect. 1. The inhab- 
itants of the town of Plymouth are hereby authorized to establish 
fisheries for herrings in the streams of said town known by the names 
of Eel River and Town Brook, and to locate weirs for taking herrings 
in said streams. 

Sect. 2. The inhabitants of said town are further authorized to 
grant, for a period not exceeding twelve years from the passage of 
this act, the powers conferred hy the same to such person or persons 
as the}^ ma}- in town meeting elect. 

Sect. 3. At the expiration of the period of such grant, the fish- 
eries in said streams shall be sold annually, under the direction of the 
selectmen of said town, and the proceeds paid into the treasury of 
said town. 

Sect. 4. Any person interfering with said fisheries, disturbing 
the weirs located by authority of said town, or taking any herring in 
said streams except by such authorit}', shall be punished by a fine not 
exceeding ten dollars for such offence. 

Sect. 5. No right is given b}^ this act to the inhabitants of the 
said town of Pl3'mouth to molest or disturb or in any manner inter- 
fere with an}' dams upon said streams, or pri^^ate property upon the 
borders of said streams, without the consent of the owner or owners 
thereof. 

Sect. 6. This act shall take effect upon its passage. — [March 6, 
1865. 

[Sp. Laws, vol. 1, p. 200; 1836, 56.] 

An Act concerning the Alewive Fishery in the Town of Wellfleet. 

1865, 85. Be it enacted, etc., as follows: The selectmen of the 

town of Wellfleet may, at the annual town meeting, sell the right to 

take alewives within the limits of said town, for an}' number of years 

not exceeding ten. — [March 16, 1865. 

[Sp. Laws, vol. 1, p. 290.] 

An Act to regulate the Herring or Alewive Fishery in Barlow's Pond and the Waters 

connected therewith in Mattapoisett. 

1865,183. Be it enacted, etc., as folloios : Sect. 1. The town 
of Mattapoisett is hereby authorized to make the necessary improve- 
ments for the preservation and taking of herrings or alewives in 
Barlow's Pond and the waters connected therewith, and the outlet 
therefrom to the sea, and to do all acts necessary for the purpose of 
protecting and regulating a herring or alewive fishery in said waters. 

Sect. 2. The inhabitants of said town may, at any legal meeting 
called for that purpose, make such by-laws, with penalties for viola- 



INLAND FISHERIES. 299 

tion of the same, and such rules and regulations as they may deem 
necessary for the preservation and protection of said fisher}' and for 
the taking and disposal of said fish : provided, such by-laws are not 
inconsistent with the laws of this Commonwealth. 

Sect. 3. The selectmen shall annuall}' post up the regulations so 
established in two or more public places in said town, within ten da3'S 
after their passage. 

Sect. 4. If any person shall take any of said fish in any of the 
waters aforesaid at a time or in a manner other than shall be allowed 
by said town, such person shall for each offence, on conviction thereof, 
paj" a fine not exceeding twenty dollars. 

Sect. 5. The said town of Mattapoisett shall be liable to pay all 
damages that shall be sustained by any person in their property by 
the taking of an}' lands or by the construction of any dams, sluice- 
ways or other works or by flowage for the purpose of carrying this 
act into eflfect; and if any person sustaining damage as aforesaid, 
shall not agree with the selectmen of the town upon the damage to 
be paid therefor, the superior court holden within and for the county 
of Pl3'mouth shall, upon the petition of such person, appoint three 
competent and disinterested persons to hear and award thereon ; and 
their award or that of any two of them, being accepted by said court, 
shall be final : provided, that said petition shall be filed in the office of 
the clerk of said court within three years after such damage shall have 
been sustained, and not afterwards. Such person, if he shall so elect, 
may have his damages assessed and paid in the manner provided by 
law with respect to land taken for highway. 

Sect. 6. If at any time it shall be apparent that the establishment 
of the herring fishei-y herein provided for shall have sensibly dimin- 
ished the catch of herrings at the weirs upon Hammond's River, in 
said Mattapoisett and in Rochester, then such equitable indemnity 
shall be rendered to the owners of said Hammond's River fishery, in 
fish or otherwise, as the legislature shall determine. 

Sect, 7. This act shall take effect upon its passage. — [May 1 , 
1865. 

[1856, 176.] 

An Act relating to the taking of Menhaden in the Waters of Buzzard's Bay and Vine- 
yard Sound. 

1865, 212. Be it enacted, etc., as follows: Sect. 1. From and 
after the passage of this act, it shall be lawful for any person to take 
menhaden by the use of the purse seine, so called, in the waters of Buz- 
zard's Bay or of Vineyard Sound, or the waters of an}- bays, inlets or 
rivers bordering on or flowing into the same : provided, that no 
authority shall be hereby given to use any such seine at the mouth of 



300 LAWS RELATING TO 

any river where there now is or where there may hereafter be a herring 
fisher}' established bj' law, until after the fifteenth day of June in each 
year ; and provided, further, that no authority shall be hereby given 
to use any seine in the waters around Nantucket or the islands 
belonging thereto. — [May 9, 1865. 

[1870, 249.] 

[Sp. Laws, vol. 1, pp. 238, 512; vol. 3, p. 98; 1815, 54; 1820, 67; 1861, 157; 1864, 234.] 
An Act for the protection of Alevvives and other Fish in Mystic River. 

1865, 219. Be it enacted, etc., as follows: Sect. 1. No fish 
shall be taken within fifty rods of an}' fish-way now existing or here- 
after to be constructed over or at any dam in the towns of Medford, 
West Cambridge and Winchester, between the first day of April and 
the fifteenth day of June. 

Sect. 2. Any person violating the provisions of this act shall be 
liable to a penalty of fifty cents for each and every fish so taken. 

Sect. 3. All prosecutions under this act shall be commenced 
within thirty days from the time of the commission of the offence. 

Sect. 4. This act shall take effect upon its passage. — [May 10 
1865. 

[1867,149; 1868,128.] 

An Act for the better Observance of the Lord's Day. 

1865, 253. Sect. 2. Whoever attempts to take or catch any 
fish on the Lord's Day, by using any hook, line, net, spear or other 
implement, on any of the waters within this Commonwealth, shall, 
upon conviction thereof, be punished by a fine not exceeding ten 
dollars. 

Sect. 3. All prosecutions under this act shall be instituted within 
thirty days from the time the offence is committed. — [May 6, 1865. 

[P. S. 98, ^ 10, 11.] 

[Sp. Laws, vol. 1, pp. 272, 296.] 
Resolves concerning the Obstructions to the passage of Fish in the Connecticut and 

Merrimack Rivers. 

1865, Res 45. Resolved, That his excellency the governor, by 
and with the advice and consent of the council, is authorized to 
appoint two commissioners, whose duty it shall be to cause observa- 
tions to be made, during the months of May and June, of the height 
of the water upon the crests of the dams at Lowell, Lawrence and 
Holyoke, the heights of the flash-boards upon said dams, respectively, 
the right of the owners to maintain such flash-boards, and if they are 
uniformly maintained thereon during said months ; also to ascertain 
the extent and degree of the discoloration of the water of said rivers 
below said dams caused by the discharge of dyestuffs and other 
noxious matter therein from the manufactories, and the effects of such 



INLAND FISHERIES. 301 

matter upon the water and the fish inhabiting the same ; and, further, 
to make inquiries and ascertain the best mode of constructing fish- 
ways over said dams, the expense of the same, and such further 
facts touching fish-wa^'s and their usefulness in aiding the passage of 
fish over obstructions as such commissioners may deem useful or 
expedient. 

Resolved^ That said commissioners communicate with such com- 
missioners as may be appointed by the states of New Hampshire and 
Vermont, upon the subject embraced in these resolutions ; ascertain 
the legislation which has, from time to time, taken place in those 
states concerning the erection of dams in either of said rivers, and 
the height of said dams respectively ; if fishways suitable for the 
passage of shad and salmon exist in said dams or an}- of them, and 
if said states possess the right to maintain or cause to be maintained 
suitable fish-ways for the passage of such fish up said rivers to their 
sources, or to any and what extent. 

Resolved^ That said commissioners ascertain, so far as practicable, 
the supply of shad and salmon in said rivers previous to any obstruc- 
tions being placed therein, when such supply began to fail and the 
causes generally assigned for such failure, with such further informa- 
tion touching the value of the fisheries and the habits' of the fish as 
may be attainable. 

Resolved, That said commissioners make a report of their doings 
to the governor and council on or before the first day of December 
next. 

Resolved, That the obligation of the Essex Company to rebuild h 
fish-way in their dam on Merrimack River, in accordance with their 
charter and the prescription of the count}' commissioners of Essex 
county, be suspended until the first day of July, in the year one thou- 
sand eight hundred and sixty-six. 

Resolved, That his excellenc}^ the governor be requested to transmit 
a copy of these resolutions to the governors of the states of New 
Hampshire and Vermont. — [May 3, 1865. 

1866. 

[Sp. Laws, vol. 1, p. 422; 1855, 401.] 

An Act in addition to an Act to regulate the Fisheries in Taunton Great River and the 

Newmasket River. 

1866,54. Be it enacted, etc., as folloivs : Sect. 1. The city of 
Taunton ma}^ hereafter sell its privileges of taking shad and alewives 
in Taunton Great River under the direction of its city council, instead 
of at a legal meeting to be held for that purpose, as required by the 
second section of chapter four hundred and one of the acts of the 
year eighteen hundred and fifty-five. — [March 2, 1866. 



302 LAWS RELATING TO 

An Act to incorporate the Nantucket Fishing Company. 

1866, 109. Be it enacted, etc., as follows: Sect. 1. Matthew 
Crosby, Joseph B. Mac}', Joseph C. Chase, their associates and suc- 
cessors, are hereby made a corporation by the name of the Nantucket 
Fishing Compan}^ for the purpose of carrjnug on a general fishing and 
freighting business ; with all the rights and privileges, and subject to 
all the duties, liabilities and restrictions set forth in all general laws 
which now are or may hereafter be in force applicable to such cor- 
porations. 

Sect. 2. Said corporation may hold such real and personal estate 
as may be necessary for the purpose aforesaid ; but the capital stock 
of said company shall not exceed sixty thousand dollars, and shall be 
divided into shares of fifty dollars each. 

Sect. 3. This act shall take effect upon its passage. — [March 
26, 1866. 

An Act to authorize Towns and Cities to establish Herring Fisheries. 

1866, 187. Be it enacted, etc., as foUoris : Sect. 1. The mayor 
and aldermen of any city and the selectmen of any town in this 
Commonwealth, are hereby empowered to authorize, in writing, any 
three or more persons and their associates, to organize a corporation, 
with a capital stock of not less than one thousand and not more than 
five thousand dollars, for the purpose of opening outlets, canals or 
ditches for the introduction and propagation of herrings and alewives 
in the ponds, creeks and rivers within the limits of such town or city 
as aforesaid ; and said corporation, when organized, shall have all the 
powers and privileges, and be subject to all the duties, liabilities and 
restrictions set forth in the sixty-first chapter of the General Statutes, 
and in all general laws which now are or may hereafter be in force re- 
lating to corporations. 

Sect. 2. Such corporations may purchase and hold real estate 
necessary for the purpose of opening outlets, canals, sluice-ways or 
ditches for the passage of herring or alewives to and from said ponds 
and other waters. 

Sect. 3. Towns and cities in their corporate capacity, may open 
ditches, sluice-ways or canals into any ponds within their limits, for 
the introduction and propagation of herrings and alewives, and for the 
creation of a fisherj^ for the same ; and the land for opening such 
ditches, sluice-ways or canals within such town or city, ma}' be taken 
under the provisions of the statutes which now regulate and limit the 
taking of land for highways and other purposes. 

Sect. 4. Any fishery so created by any town or city, shall be 
deemed to be the property of such town or city, and such town or 
city may make any proper regulations concerning the same, and may 



INLAND FISHERIES. 303 

lease such fishery for a period not exceeding five years, upon such 
terms as may be agreed upon between such town or city and the 
lessees of the same. And anj- town may lease for a like period and 
upon like terms, any fishery now owned by such town, or any public 
fishery which has heretofore been regulated and controlled by such 
town. 

Sect. 5. No person, without the permission of such town or city, 
or of the lessees of such fishery, in any fishery created by such town 
or city, or in any fishery created by any corporation, without the per- 
mission of said corporation, shall take, kill or haul on shore any 
herrings or ale wives in any fishery so created by any town, city or 
corporation, for the introduction and propagation of herrings or ale- 
wives. 

Sect. 6. Whoever violates any of the provisions of the preceding 
section, shall forfeit and pay a sura not less than five nor more than 
fifty dollars for each offence, to be recovered by prosecution before any 
court competent to try the same. 

Sect. 7. All prosecutions under the preceding section shall be 
instituted within thirty days from the time the offence was committed. 

Sect. 8. Nothing contained in this act shall be held to impair the 
rights of any person under any law heretofore passed, or to deprive 
any person of any right under any contract now existing, or to author- 
ize any town, city or corporation to enter upon or build any canals or 
sluice-ways into any pond which is the private property of any indi- 
vidual or corporation. 

Sect. 9. This act shall take effect upon its passage. — [April 

25, 1866. 

[P. S. 91, §^63-67.] 

An Act concerning the Obstructions to the passage of Fish in the Connecticut and 

Merrimack Rivers. 

1866, 238. Be it enacted, etc., as follows: Sect. 1. The gov- 
ernor, by and with the advice and consent of the council, is hereb}' 
authorized to appoint two persons to be commissioners of fisheries in 
the Merrimack and Connecticut rivers, who shall hold said office for 
the term of five years, unless sooner removed therefrom. And in case 
of any vacancy in said board the governor shall have power to 
fill the same. 

Sect. 2. Said commissioners shall forthwith examine the several 
dams on said rivers in this Commonwealth, and shall, after notice to 
the owners of said dams, determine and define the mode and plan 
upon which fish-ways shall be constructed suitable and sufficient, in 
their opinion, to the free passage of salmon and shad up said rivers 
during their accustomed seasons. 

Sect. 3. It shall be the duty of the commissioners appointed 



304 LAWS RELATING TO 

under this act, when they shall have determined upon the method and 
plan for such fish-wa3's, to submit a full and specific statement and 
description of the same to any board of commissioners empowered to 
act by the state of New Hampshire upon the same or similar subjects, 
for their approval. 

Sect. 4. If any plan so submitted shall be approved by the 
said commissioners for the state of New Hampshire, the commis- 
sioners under this act shall forthwith, upon such approval being 
expressed, furnish a copy of the plan adopted for each dam to the 
proprietors thereof, and shall file a copy of each of such plans in the 
office of the secretary of the Commonwealth ; with an affidavit of the 
fact that the same has been furnished to said proprietors, which affi- 
davit shall be full proof of the facts therein stated. 

Sect. 5. If the several proprietors of said dams shall consent to 
construct said fish- ways, according to the several plans adopted for 
their respective dams, at their own expense, the commissioners under 
this act may agree with the proprietors of the several dams so to do. 
And when the same shall have been constructed within such reason- 
able time as said commissioners shall prescribe, and according to said 
plans, with such minor variations therein as said commissioners shall 
approve, the said commissioners shall certify said construction to the 
secretary of the Commonwealth, and the same shall, for the period of 
five years from the passage of this act, be taken and deemed as in 
lieu of the fish-ways which said proprietors respectively are now 
required by law to keep and maintain over, at or around the respec- 
tive dams. But said proprietors respectively shall be required to keep 
said fish-waj's on their respective dams in good repair, and to main- 
tain the same for the period of five j^ears from the passage of this 
act to the satisfaction of said commissioners ; and during the period 
of said five 3'ears the liability of said proprietors respective!}' to build 
and maintain the fish-ways now by law required of them shall be 
suspended. 

Sect. 6. When said fish- ways shall have been constructed as 
aforesaid, the commissioners under this act shall prescribe in writing 
the times when the same shall be kept open and unobstructed, with 
power to change such times as they may deem judicious. And a 
copy of such prescriptions shall be served on each of such proprietors, 
and the certificate of said commissioners of the manner in which the 
same have been served shall be full proof of the fact. 

Sect. 7. If any proprietor of any dam shall refuse or neglect, for 
the period of thirty days from the time said commissioners shall have 
furnished said proprietor with the plan, as herein before provided, to 
agree with said commissioners for the building at, over or around his 
dam of the fish-way prescribed by the plan furnished such proprietor 



INLAND FISHERIES. 305 

bj^ said commissioners, then said commissioners sliall be authorized 
to contract in behalf of this Commonwealth for the construction of the 
fish-wa}' at, over or around the dam of said proprietor so refusing or 
neglecting. And said commissioners shall thereupon cause such fish- 
wa}"^ to be constructed with all reasonable despatch. And the expense 
thereof shall be a charge against the owner of such dam, and the same 
may be recovered of said proprietor in an action of contract in the 
name of the Commonwealth, with costs and twelve per cent, interest 
on tlie amount of such expense from the time when the same shall 
liave been demanded of such proprietor by said commissioners. 

Sect. 8. Whenever, in the construction of any such fish-wa}^, the 
property of any person not liable b}' law to provide a suitable and 
sufficient fish-wa}' at, over or around such person's dam, shall be taken 
for the purpose of such fish-way, the said commissioners shall, upon the 
application in writing of the person aggrieved, assess a reasonable 
compensation therefor, to be paid by the Commonwealth. And an}' 
person aggrieved b}' such assessment shall have the right to have such 
compensation determined by a jur}^ in the manner provided by the 
General Statutes for the assessment of damages occasioned by the 
laying out of highways. 

Sect. 9. Said commissioners shall have power to contract with 
the proprietor of an}' dam on either of said rivers, for the suspension 
for five years from the passage of this act of the liability of said pro- 
prietor to construct at his own expense any fish-way at, over or 
around his said dam, upon the payment of said proprietor to the 
treasurer of the Commonwealth of such a sum of money as said com- 
missioners shall deem reasonable, and a copy of any such contract, 
attested by said commissioners, shall be filed in the office of the 
secretary of the Commonwealth. 

Sect. 10. Said commissioners shall have power to contract with 
the Essex Company for the construction of the fish-way prescribed by 
said commissioners over the dam of said company, at Lawrence, by 
said company, at an expense to the Commonwealth not exceeding 
seven thousand dollars, the said Essex Company to pay the expense 
of such building over and above the said amount so to be paid by the 
Commonwealth. 

Sect. 11. The compensation of each of said commissioners shall 
be determined by the governor and council. 

Sect. 12. The commissioners appointed under this act shall have 
power to construct, or to contract for the construction of such appli- 
ances and structures as they may think essential or useful for the 
passage of the fish herein named, up and down said rivers, and for 
their protection in such passage. 

Sect. 13. Said commissioners may in their discretion delay in the 



306 LAWS RELATING TO 

definite construction of fish-ways on the Connecticut River, until the}* 
shall be satisfied that such legislation has been adopted by the state 
of Connecticut as shall in their opinion be necessary to secure the free 
passage of the fish above-named through the part of said river run- 
ning through said state of Connecticut. 

Sect. 14. There shall be appropriated and paid from the treasury 
of the Commonwealth a sum not exceeding seven thousand dollars, to 
defray the expenses of the commissioners herein created, and of con- 
structing the fish-ways herein provided for. 

Sect. 15. Any person who sliall neglect or refuse to keep open 
or maintain any fish-way at the times prescribed by the commissioners 
under this act, shall forfeit the sum of fifty dollars for each day's neg- 
lect or refusal so to keep open or maintain said fish-wa^'s, to be 
recovered b}' indictment in the county where said dam, or any part 
thereof, is situated, one half thereof to the use of the complainant and 
the other half to the use of the Commonwealth. 

Sect. 16. This act shall take effect upon its passage. — [May 

15, 1866. 

[P. S., 91, ^s^ 4-7.] 



An Act for the protection of Trout and Black Bass. 

1866, 249. Be it enacted^ etc., as follows: Sect. 1. Whoever 
takes or catches anj- trout in any rivers, streams or ponds between 
the twentieth da}' of September and the twentieth daj' of March, or 
within the time aforesaid sells, buys or has in his possession an}' trout 
so taken within this state, shall forfeit one dollar for each trout so 
taken or caught, sjld, bought or had in possession. 

Sect. 2. Whoever shall take or catch any fish called black bass in 
any of the ponds within the limits of this Commonwealth from the 
first day of December to the first day of June, or at any time, except 
with hook and line, shall forfeit a sum not less than two nor more 
than twenty dollars for each offence, to be recovered by prosecution 
before any court competent to try the same. 

Sect. 3. In all prosecutions for forfeitures under the provisions of 
this act, the fact of sale, purchase or possession shall be evidence 
that the trout or black bass so sold, purchased or had in possession, 
were taken within this state. — [May 22, 1866. 

[1869, 384.] 

Resolves in regard to Obstructions to the passage of Fish in the Connecticut River at 

Enfield Falls. 

1866, Res. 80. Whereas, The Connecticut River in this state for- 
merly furnished an inexhaustible supply of shad and other kinds of 
migratory fish, which fish have now partially disappeared from that 
portion of said river within this state ; and whereas, there is nothing 



INLAND FISHERIES. 307 

except the want of suitable flsli-wa3s over the dam at Enfield Falls in 
the state of Connecticut to prevent the return of said fish from the 
sea to our waters in such numbers as largely to contribute to the sup- 
ply of food for the inhabitants of this state ; therefore, 

Resolved, That the attention of the state of Connecticut be invited 
to this subject, and that said state be earnestly requested to take 
early measures to cause fish-wa^'s to be constructed over the dam at 
Enfield Falls, either by requiring this work to be done by the proprie- 
tors of said dam or b}' exercising the right of eminent domain ; said 
measures being due alike to the relations of comity between that state 
and this Commonwealth and to the local interests of that state. 

Resolved, That the governor is hereb}^ requested to transmit a copj' 
of these resolutions to the governor of the state of Connecticut, with 
a request that the same be laid before tlie legislature of the said state. 
— [May 18, 186G. 

1867. 

An Act to amend Section fifteen of Chapter eighty-three of the General Statutes in 
relation to the Fisheries. 

1867,70. Be it enacted, etc., as follows: Sect. 1. Section fifteen 
of chapter eighty-three of the General Statutes is hereby amended b}' 
inserting the words " an inhabitant of this state," after the word 
" fisherman," in the third line. 

Sect. 2. This act shall take effect upon its passage. — [March 
16, 1867. 

[P. S., 91, y^96] 

Ax Act for the protection of Trout in East Head in the Towns of Carver and 

Plymouth. 

1867, 86. Be it enacted, etc., as follows : Sect. 1. No person 
shall take any trout in the waters of the stream known as East Head 
in the towns of Carver and Plymouth, from the source thereof to the 
dam recentl}' erected thereon b}- George P. Bowers, without the writ- 
ten permission of the proprietor or proprietors of the land bordering 
upon that portion of said stream : provided, such proprietors shall at 
all times keep an open and sufficient fish-way for the passage of trout 
at said dam. 

Sect. 2. Any person offending against the provisions of this act 
shall forfeit and pay a fine of one dollar for each trout taken, to be 
recovered by prosecution before any trial justice in the county of Ply- 
mouth. — [March 23, 1867. 

[1869, 384.] 



308 LAWS RELATING TO 

[Sp. Laws, vol. 1, pp. 238, 512; vol. 3, p. 98. 1815, 54; 1820, 67; 1861, 157; 1864, 234.] 
An Act for the Re-stocking of Mystic River and its Tributaries with Fish. 

1867, 149. Be it enacted^ etc., as follows : Sect. 1. The right to 
take alewives or shad from M^ystic River or its tributaries or from 
Mystic Pond, shall be and hereby is suspended for the period of five 
3^ears next ensuing, and no net, seine or weir shall be set therein dur- 
ing said period. 

Sect. 2. Any person violating the provisions of this statute shall 
forfeit one dollar for every alewive or shad so taken. 

Sect. 3. All prosecutions under this act shall be commenced within 
thirty days from the time of committing the offence. 

Sect. 4. The several '' committees for the preservation of fish "of 
the towns of Medford, Somerville, West Cambridge or Winchester 
may remove and destroy^ anj' and all nets, seines or weirs found in 
said waters during the said period of five A^ears. — [April 13, 1867. 

[1868, 128.] 

An Act to incorporate the Pasque Island Corporation. 

1867, 200. Be it enacted, etc., as follows : Sect. 1. Welcome R. 
Beebe, Genio C. Scott, Peter Balen, their associates and successors, 
are hereby made a corporation on the island of Pasque in the town 
of Gosnold, by the name of the Pasque Island Corporation, for the 
purpose of erecting on said island houses and other buildings for resi- 
dence and the propagation of fish ; with all the powers and privileges 
and subject to the duties, liabilities and restrictions which now are 
or may be in force relating to such corporations ; and with the right 
to close the outlets to creeks in said islands for the propagation of 
black bass or other fish. 

Sect. 2. Seining or taking fish in any other mode than by hook 
and line within forty rods from the shores of Pasque Island is prohib- 
ited under a forfeiture for each offence of a sum not exceeding twent}' 
dollars, and not less than five dollars, to be recovered in any court 
proper to tr}" the same. 

Sect. 3. Said corporation may hold real and personal estate to the 
amount of fifty thousand dollars, and mortgage and sell the same ; 
and the whole capital stock of said corporation shall not exceed fifty 
thousand dollars, nor be less than twentj'-five thousand dollars, 
divided into shares of one hundred dollars each : provided, that said 
corporation shall incur no liabilities until an amount equal to fifty per 
cent, thereof is subscribed and paid in, in cash. — [May 2, 1867. 



INLAND FISHERIES. 309 

[Sp. Laws, vol. 1, p. 272; 1866, 238.] 
An Act to regulate Fishing in Merrimack River, and for other purposes. 

1867, 289. Beit enacted, etc., as follows : Sect. 1. No person 
shall fish with a seine in Merrimaclc River, nor in any manner take or 
catch shad, salmon or alewives in said river, nntil the fifteenth day of 
April, in the year eighteen hundred and seventy-one, under penalty 
of the forfeiture of the seine and five dollars for each shad or alewife 
and fifty dollars for every salmon taken : jirovided, that the fish com- 
missioners shall be allowed from time to time to take such fish as may 
be required to re-stock the Merrimack or any other river. 

Sect. 2. No person shall fish within four hundred yards of any 
fish-way on Merrimack River, nor trespass within the limits of the 
same, under a penalty of fifty dollars. 

Sect. 3. The fish commissioners are hereby empowered to cause 
any tributaries of the Merrimack River to be opened to the passage 
of shad, salmon and alewives, by directing the proprietors of dams in 
such tributaries to build suitable fish- ways over their dams. 

Sect. 4. The mayor and aldermen of any city and the selectmen 
of any town bordering on the Merrimack River shall appoint one or 
more suitable fish-wardens and fix their compensation, to see to the 
execution of the provisions of the first and second sections of this 

act.— [May 31. 1867. 

[1869, 422 ; P. S. 91, ^ 4-7, 35, 42.] 



An Act to regulate Fisheries. 

1867, 344. Be it enacted, etc., as foUoivs: Sect. 1. The commis- 
sioners of fisheries appointed under chapter two hundred and thirty- 
eight of the acts of the year eighteen hundred and sixty-six, in addi- 
tion to their powers and duties under said act, are hereby authorized 
to examine all the dams upon rivers in this Commonwealth over and 
around which the proprietors are now required by law to keep and 
maintain fish-ways, and said commissioners shall determine whether 
said fish-ways are suitable and sufficient for the passage of such fish 
as are found in said rivers ; and if, after inspection, the said commis- 
sioners shall find said fish-ways are unsuitable, or insufficient for the 
passage of fish, or are out of repair, or are not kept open at suitable 
times, they shall give notice to the proprietors of said dams of any 
defect in their fish-ways, or that the fish-waj's are not kept open the 
proper time. And said commissioners shall further, in writing, pre- 
scribe the times for keeping open and unobstructed said fish-ways, 
and what repairs may be necessary, and what changes, if an}-, should 
be made for improving said fish-ways. 

Sect. 2. Any person or corporation who shall neglect or refuse 
to keep open or maintain any fish-way at the times prescribed by the 



310 LAWS RELATliSG TO 

commissioners under this act, shall forfeit tlie sum of fifty dollars for 
each daj-'s neglect or refusal so to keep open or maintain said fish- 
way, to be recovered by indictment in the county where said dam, or 
any part thereof, is situated, one-half thereof to the use of the com- 
plainant, and the other half to the use of the Commonwealth. 

Sect. 3. There shall be appropriated and paid out of the treasury 
of the Commonwealth a sum not exceeding ten thousand dollars, to 
defray the expense of the commissioners, first, in re-stocking the 
rivers of Massachusetts with shad, salmon and alewives ; second, in 
re-stocking the ponds in this Commonwealth, for the purpose of 
propagating black bass and other fish. — [June 1, 1867. 

[P. S. 91, yS§ 4, 6.] 

1868. 

[Sp. Laws, vol. 1, p. 441.] 
An Act for the protection of Trout in Grist-Mill Pond, in the Town of Warehani. 

1868, 110. Be it enacted^ etc., as foUoios: Sect. 1. No person 
shall take any trout from Grist-Mill Pond, near the Parker Mills Iron 
Works, in the town of Wareham. or the waters running into the same, 
at anj' time of the 3ear, without permission of the proprietor or 
proprietors of said pond and waters. 

Sect. 2. Any person offending against the provisions of this act 
shall forfeit and pay a fine of one dollar for each trout taken, to be 
recovered by prosecution before any trial justice in the count}' of 
Plymouth.— [April 10, 1868. 

[1867, 149.] 
An Act to amend " An Act for the Re-stocking of Mystic River and its Tributaries 

with Fish." 

1868, 128. Be it enacted, etc., as follows: Si-X't. 1. The one 
hundred and forty-ninth chapter of the acts of the year one thousand 
eight hundred and sixty-seven, entitled " An Act for the re-stocking 
of Mystic River and its tributaries with fish," is hereby amended bj* 
adding to the second section thereof the words following, viz. : 
provided, that the several committees for the preservation of fish 
mentioned in the fourth section, may take such fish as may be re- 
quired to re-stock the said river and tributaries ; and also, by adding 
to the fourth section, after the word "Cambridge," the word 
" Woburn." 

Sect. 2. Any person who shall place or cause to be placed in the 
waters of Mystic River or of its tributaries, or of Mystic Pond, or 
who shall c.iuse to flow into said waters any substance which may 
destroy or injure the fish therein, shall be punished b}' a fine not 
exceeding fifty dollars for each oflTence. — [April 16, 1868. 



INLAND FISHERIES. 31 1 

[Special Laws, v. 1, p. 296.] 
Ax Act to regulate Fishing in Connecticut River. 

186S, 130. Be it enacted^ etc., as follows: Sect. 1. Any person 
who shall take, or who shall aid or assist in taking from the Connecti- 
cnt River an}' shad at any other time than between the fifteenth day 
of March and the fifteenth day of June in each j'ear, shall forfeit and 
pay for each offence the sum of one hundred dollars. 

Sect. 2. Any person who shall take, or aid or assist in taking 
from the Connecticut River an\^ salmon before the fifteenth day of 
March, in the year one thousand eight hundred and sevent3'-two. 
shall forfeit and pay for each offence the sum of fifty dollars. 

Sect. .3. Nothing in this act contained shall apply to the taking 
of any fish b}' order of the fish commissioners for the purpose of 
artificial or natural propagation of the same. 

Sect. 4. The ma3'or and aldermen of any city, and the selectmen 
of any town, bordering on the Connecticut River, shall appoint and 
fix the conipeusation fif one or more suitable persons as fish-wardens 
within their respective cities and towns, who shall make complaint of 
all offences under this net. — [April 17, 1868. 

[1869, 76.] 

[Sp. Laws, vol. 1, pp. 191, 451 ; vol. 2, p. 128; vol. 3, pp. 431, 524; 1805, 29; 1810, 117; 
1812, 127; 1814, 22; 1823, 33; 1824, 101; 1825, 78; 1829, 40; 1839, 134; 1845, 79; 18.55. 
171 ; 18,56, 14. 52, 248.] 

An Act for the Re-stockiug of Ipswich River and its Tributaries with Fish. 

1868, 157. Be it enacted, etc., as follows: Sect. 1. The right to 
take alewives or shad from Ipswich River or its tributaries, or from 
Wenham Pond, shall be and is hereby suspended for the period of 
three years next ensuing, and no net, seine or weir shall be set 
therein during said period. 

Sect. 2. Any person violating the provisions of this statute shall 
forfeit one dollar for ever}- alewive or shad so taken. 

Sect. 3. All prosecutions under this act shall be commenced within 
thirty days from the time of committing the offence. — [April 29, 1868. 

Ax Act for the protection of Smelts. 
1868, 179. Be it enacted, etc., as follows: Sect. 1. Whoever 
catches any smelt from the first day of February to the first day of 
May in ench year, in any manner whatever, or at any season of the 
year in any other manner than by hooks and lines or hand-nets, shall 
forfeit twenty-five cents for each smelt so caught, to be recovered by 
prosecution before any trial Justice or court competent to try the 
same : provided, that nothing lierein contained shall apply to anv 
l)erson catching smelt in ain' seine or net in Taunton Great River, 
while fishing for herring or alewives. 



312 LAWS RELATING TO 

Sect. 2. The commissioners of river fisheries may take any kind 
of fish at any time for the purpose of obtaining spawn for artificial 
propagation of fish. 

Sect. 3. All prosecutions under this act shall be instituted within 
thirty days from the time of committing the offence. — [Ma}' 4, 1868. 

[1869, 384.] 



An Act for the protection of Trout in the Merrill Pond in the Town of Wendell. 

1868, 289. Be it enacted, etc., as follows: Sect. 1. No person 
shall take any trout from the Merrill Pond, on the old Wendell town 
farm, in the town of Wendell, or the waters running into the same, 
at any time of the year, without permission of the proprietor or pro- 
prietors. 

Sect. 2. Any person offending against the provisions of this act 
shall forfeit and pay a fine of one dollar for each trout taken, to be 
recovered by prosecution before an}' trial justice in the county of 
Franklin. — [June 4, 1868. 

An Act to protect Trout in Jones' Mill Creek in the Town of Barnstable. 

1868, 290. Be it enacted, etc., as follows : Sect. 1. • No person 
shall take any trout in Jones' Mill Creek, in the town of Barnstable, 
from its source to the junction with Scorton Creek, and within two 
hundred yards of said junction, on either side thereof, from the first 
day of August in each year to the first da}' of April in the year next 
ensuing ; nor shall any person take any trout therefrom except by hook 
and line ; nor shall any person enter upon the land bordering upon 
said pond or stream, at any season of the year, for the purpose of 
taking trout, without the written permission of the proprietors. 

Sect. 2. Any person offending against the provisions of this act 
shall forfeit and pay a fine of one dollar for each trout taken, to be 
recovered by prosecution before any trial justice in the county of 
Barnstable. 

Sect. 3. This act shall take effect upon its passage. — [June 4, 
1868. 

[1868, 130.] 
liESOLVE concerning a Fish-way over or around the Dam at Holyoke, on the Connecti- 
cut River. 

1868, Res. 53. Resolved, That there be allowed and paid out of 
the treasury of the Commonwealth, and the same is hereby appropri- 
ated, a sum not exceeding twelve thousand dollars, to be expended 
under the direction of the commissioners appointed under chapter two 
hundred and thirty-eight of the acts of eighteen hundred and sixty- 
six, in the construction of a fish- way over or around the dam at Holy- 
oke, on the Connecticut River, in accordance with the provisions of 



INLAND FISHERIES. 313 

said chapter two hundred and thirty-eight of the acts of the year eigh- 
teen hundred and sixty-six. — [June 4, 1868. 

1869. 

An Act concerning Fisheries in Bass River, in the County of Barnstable. 

1869, 64. Be it enacted, etc., as follows : Sect. 1. The provi- 
sions of chapter one hundred and seventy-nine of the acts of the year 
eighteen hundred and sixty-eight, shall not apply to the lessees of the 
towns of Yarmouth and Dennis, while fishing for perch or alewives in 
Bass River or its tributaries. 

Sect 2. This act shall take effect upon its passage. — [March 10, 
1869. 

[1869, 384.] 

An Act relating to the Fisheries in Dukes County. 

1869, 7.5. Be it enacted, etc., as follows : Sect. 1. Chapter one 
hundred and seventy-nine of the acts of the year eighteen hundred 
and sixty-eight shall not apply to any person catching smelts in any 
seine or net in any of the waters of Dukes County, while fishing for 
herring or alewives. 

Sect. 2. This act shall take effect upon its passage. — [March 
17, 1869. 

[1869, 384.] 



[1868, 130.] 

An Acr to extend the provisions of the Act of the year eighteen hundred and sixty-eight 

to regulate Fishing in Connecticut River. 

1869, 76. Be it enacted, etc., as follows: Sect. 1. Any pei'son 
who shall take or aid or assist in taking, from the Connecticut River, 
any shad, at any other time than between the fifteenth day of March 
and the fifteenth day of June in each year, shall forfeit and pay for 
each offence the sum of one hundred dollars, and any person who 
shall take or aid or assist in taking from the Connecticut River 
any salmon before the fifteenth day of March in the year one thou- 
sand eight hundred and seventy-two, shall forfeit and pay for each 
offence the sum of fifty dollars. 

Sect. 2. Nothing in this act contained shall apply to the taking of 
any fish b}' order of the fish commissioners, for the purpose of the 
natural or artificial propagation of the same. 

Sect. 3. No person shall set or draw, or. shall assist or aid in 
setting or drawing any net or seine for the purpose of taking fish in 
Connecticut River, at any time between the setting of the sun on 
Saturday evening of each week, and the rising of the sun on the 
succeeding Monday morning ; and the owners of all weirs, pounds and 
set-nets of any description, placed in the waters of said river, shall 
cause the same to be and remain open and free for the passage of fish' 



314 LAWS RELATING TO 

(luring the said i,'eriod in each week, in such manner as to satisfy the 
fish commissioners. And ever}' person who shall A^olate the provis- 
ions of this section, and every person owning or controlling, in whole 
or in part, any pound or weir, and failing to comply with the require- 
ments of this section, shall forfeit and pay the sura of four hundred 
dollars to the treasurer of the state, for each offence ; and any person 
setting or using or aiding or assisting in setting or using any pound, 
weir or set-net in said river between the fifteenth day of March and 
the fifteenth day of June in each year, the meshes whereof are less 
than five inches in extent, shall also forfeit and pay the sura of four 
hundred dollars for each offence, and such pounds, weirs and set-nets 
shall be forfeited to the Commonwealth. 

Sect. 4. The mayor and aldermen of any city and the selectmen 
of any town bordering on the Connecticut River, shall appoint and 
fix the compensation of one or more suitable persons as fish-wardens, 
within their respective cities and towns, who shall make complaint of 
all offences under this act. 

Sect. 5. Chapter one hundred and thirty of the acts of the year 
eighteen hundred and sixty-eight is hereby repealed. — [March 
17, 1869. 

[P. S. 91, yj^S 40,42.] 

An Act to regulate the seining of Fish in Cole's River and Lee's River in Swansea. 

1869,172. Be it enacted, etc., as folloLvs: * * * Sect. 9. No 
person shall set, draw or use any seine, net or weir for taking fish, 
except menhaden, in Cole's River within the limits of the town of 
Swansea, nor in Lee's River within the limits of the towns of Swansea 
and Sohierset. Whoever violates the provisions of this section shall 
pay a fine of not less than fifteen dollars nor more than fift}' dollars. 

Sect. 10. This act shall take effect upon its passage. — [April 17, 
1869. 

An Act for the protection of Trout in Avery Brook in the Towns of Charlemont and 

Heath. 

1861), 235. Be it enacted, etc., as foUows : Skct. 1. Whoever, 
without a written license from the owners or lessees of Avery Brook 
or its tributaries, takes any trout therefrom within the limits of either 
of the towns of Charlemont or Heath, shall forfeit and pay a fine of 
twenty-five dollars for everN* such offence, to be recovered before an}' 
trial justice or in any court of record in the county of Franklin. 

Sect. 2. The foregoing section shall be without effect unless the 
owners or lessees aforesaid shall erect and maintain notices of this 
act and its penalties, painted or engraved in clear, legible letters ; 
said notices to l)e erected within one hundred rods of each otlier 



INLAND FISHERIES. 315 

throughout the entire length of said brook and its tributaries, and on 
or near the banks thereof, within the boundaries of the aforesaid 
towns. 

Sect. 3. Whoever destroys, injures or defaces any such notices so 
erected, shall forfeit and {)ay for every such offence, a fine of twenty- 
five dollars, to be recovered in the same manner as provided in 
section one of this act. — [May 6, 1869. 

[1868, 179.] 
Ax Act for encouraging the Cultivation of Useful Fishes. 

1869, 384. Be it enacted^ etc., as follows: Sect. 1. All the laws 
of the Commonwealth relating to the culture, preservation, capture or" 
passage of fish, shall be known as the laws relating to inland fisheries. 

Sect. 2. The commissioners under chapter two hundred and 
thirty-eight of the acts of eighteen hundred and sixty-six, shall be 
stj'led the Commissioners on Inland Fisheries, and shall be a board 
consisting of three persons appointed by the governor, by and with 
the advice and consent of the council, each for a term of five 3'ears 
from the time of his appointment. Vacancies in the board, by the 
expiration of the terms of service of the members or otherwise, shall, 
from time to time, be filled in like manner and for like terms of time. 

Sect. 3. Each of said commissioners ma}-, personally or b}' 
deput}', enforce all laws regulating inland fisheries ; and may seize 
and remove, summaril}- if need be, all obstructions to the passage of 
migratory fish illegally used, except dams, mills or machinery, at the 
expense of the person using or maintaining the same. 

Sect. 4. Whenever either of said commissioners finds that there 
is no fish-way or an insufficient fish-way in or around a dam where the 
law requires a fish-way to be kept and maintained, he may, at his 
discretion, enter with workmen and materials upon the premises of 
the person or corporation required to maintain said fish-way, and may 
improve said fish-way or cause one to be constructed where none 
exists, at the expense of said person or corporation, and may take, if 
necessary, the land of any other person or corporation not obliged by 
law to maintain said fish-way : provided, compensation shall be ren- 
dered to the owner thereof, in the manner provided in relation to land 
taken for highways, and said expense shall be charged against said 
person or corporation required b}- law to construct and maintain such 
fish-way, to be recovered in an action of contract in the name of the 
Commonwealth, with costs and interest at the rate of twelve per cent. : 
provided, that when a fish-way has been constructed in accordance 
with the provisions of this section, said commissioners shall not 
require the alteration of the same by the owner of the dam. within 
five 3'ears from the (tompletion oJ' the same. 



316 LAWS RELATING TO 

Sect. 5. Said commissioners may take or cause to be taken, any 
'Ash at any time or manner for purposes connected with fish culture or 
with scientific observation. 

Sect. 6. 'Each of said commissioners may, in tlie discharge of his 
duties, enter upon and pass through or over private property' without 
rendering himself liable in an action for trespass. 

Sect. 7. The riparian proprietors of any pond the superficial area 
of which is not more than twenty acres, and the proprietors of any 
pond or parts of a pond created by artificial flowage, shall have 
exclusive control of the fisheries therein existing, but this shall not 
abridge any rights heretofore granted to fish for herring or ale wives in 
ponds of the above dimensions which are connected with salt water, 
nor affect any previous laws restricting fishing for any period of 
time. 

Sect. 8. The fishery of any pond the superficial area of which is 
.Tiore than twenty acres, shall be public, except such as may have 
been granted specially by law or leased as hereinafter provided, and 
all persons shall, for the purpose of fishing, be allowed reasonable 
means of access to the same without rendering themselves liable to 
prosecution or action for trespass. 

Sect. 9. The commissioners, or an^^ two of them, may, in the 
name of the Commonwealth, lease any great pond exceeding twenty 
acres in area, for the purpose of cultivating useful fishes, for such 
periods of time and on such terms and conditions as shall seem to 
said commissioners most for the public good ; and the lessee of such 
pond may occupy a portion, not exceeding one-tenth part thereof, 
with inclosures and appliances for the cultivation of useful fishes ; 
but this shall not affect an}' public rights in such pond other than the 
right of fisheries ; and the appliances and inclosures used by the lessee 
shall be so placed as not to debar ingress to or egress from such pond 
at proper places. 

Sect. 10. The commissioners shall have the custody of all leases 
made under the provisions of this act, and may cause any agree- 
ments, rights, reservations, forfeitures and conditions therein con- 
tained to be enforced, and for that purpose may institute proceedings 
in the name of the Commonwealth, and may take possession of any 
premises, for conditions in such lease thereof being broken, and re- 
vesting the Commonwealth therewith, may again lease the same. 

Sect. 11. The county commissioners for each county shall, upon 
the request and at the expense of any party claiming to be interested 
in an}' great pond, cause the same to be measured, and such measure- 
ment, when determined, shall be recorded in the town clerk's office of 
each town within which said pond is situated ; and said measurement 
shall take place in the month of July, and no arm or branch shall be 



INLAND FISHERIES. 317 

computed as a part of any pond unless said arm or branch be at least 
fifty feet in width and one foot in depth. 

Sect. 12. The riparian proprietors, of any pond of less area than 
twenty acres, shall have all the privileges given them by section seven 
as soon as the said county commissioners have determined that their 
ponds do not exceed the al)ove limit. 

Sect. 13. Any pond within the limit of twent}' acres in area, 
bounded in part by land belonging to a town or county of the Com- 
monwealth, shall, only become the exclusive propert}' of the individ- 
ual proprietors as to the fisheries therein upon payment to the town 
treasurer, count}' commissioners or state treasurer, of a just compen- 
sation for their respective rights therein, to be determined by a board 
of three persons, one of whom shall be one of the riparian proprie- 
tors of said pond, one the chairman of the board of selectmen, if the 
rights of a town are in question, or of the count}' commissioners, if 
the rights of a count}' or the Commonwealth are in question, and one 
to be appointed by the commissioners on inland fisheries. 

Sect. 14. For the purposes of this act, no tidal stream shall be 
considered navigable aboA^e the point where on the average through- 
out the year it has a channel less than forty feet wide and four feet 
deep during the three hours nearest the hour of high tide. 

Sect. 15. The governor, with the advice and consent of the coun- 
cil, upon the recommendation of the commissioners on inland fisher- 
ies, may limit or prohibit for a period not /exceeding five years at a 
time, fishing in the navigable tidal waters of specified streams and in 
the unnavigable waters of streams, except in such portions as may be 
inclosed, according to the provisions of section sixteen ; and whoever 
fishes in streams whose fishery is thus limited or prohibited shall for- 
feit for the first oflfence ten dollars, and for every subsequent offence 
fifty dollars, and shall in addition forfeit all fish captured and appa- 
ratus used. 

Sect. 16. Any riparian proprietor may, within the limits of his 
own premises, inclose the waters of a stream not navigable, for the 
cultivation of useful fishes : provided, he furnishes a suitable passage 
for migratory fishes naturally frequenting such waters. 

Sect. 17. The governor, by and with the advice and consent of 
the council, may, for the purposes of this act, arbitrarily fix and de- 
fine the tidal bounds and mouths of streams, upon recommendation 
of the commissioners on inland fisheries. 

Sect. 18. Fishes artificially propagated or maintained shall be the 
absolute property of the person propagating or maintaining them. 

Sect. 19. Whoever fishes in that portion of a pond, stream or 
other water in which fishes are lawfully artificially cultivated or main- 
tained, without the permission of the proprietors, shall forfeit not less, 



318 LAWS RELATING TO 

than one dollar nor more than twenty dollars for the first offence, and 
not less than five nor more than fifty dollars for any subsequent 
offence. 

Sect. 20. Any person legally engaged in the artificial culture and 
maintenance of fishes may take them in his own waters how and 
when he pleases, and ma}" have them in his possession for purposes 
properly connected with said culture and maintenance, and may at all 
times sell them for these purposes, but shall not sell them for food at 
seasons when their capture is prohibited by law. 

Sect. 21. Whoever, between the fifteenth of April and the fif- 
teenth of December in each year after this j'ear, uses an}' sweep-seine 
or hand or dip-net in the waters of the Connecticut, Westfield, Deer- 
field, Miller's, Merrimack, Nashua or Housatonic Rivers, or their tribu- 
taries, having a mesh which stretches less than five inches when new 
and dry, shall forfeit for the first offence twenty -five dollars and for 
ever}' subsequent offence fifty dollars ; and in each case shall also for- 
feit the apparatus thus unlawfully used and the fish captured. 

Sect. 22. Whoever uses any sweep-seine or combination of sweep- 
seines in such a manner as at any moment to close or seriously ob- 
struct more than two-thirds of the width of the stream at the place 
where it is used ; and whoever delays or stops in paying out or haul- 
ing any sweep-seine within one-half mile of a point where such seine 
has been hauled within an hour, shall be liable to the same penalties 
and forfeitures set forth in the preceding section : provided, that this 
section shall not apply to the seines used in the smelt fishery ; and 
provided, farther, that none of the provisions of this section shall af- 
fect the fisheries for shad and alewives in Taunton Great River. 

Sect. 23. Whoever at any time obstructs with a salmon-pot more 
than one-half of a waterfall, channel or rapid, or sets, uses or main- 
tains in any of the waters of this state a salmon-pot the diameter of 
which is more than two feet, or who, when the taking of salmon is 
forbidden by law, sets, uses or maintains in any of such waters, any 
salmon-pot whatever, shall forfeit said salmon-pot and all fish cap- 
tured, and shall pay ten dollars for the first offence and twenty dollars 
for every subsequent offence. 

Sect. 24. AYhoever takes salmon, shad or alewives in any of the 
waters of this Commonwealth except the Connecticut, Taunton 
Great, Newmasket and Merrimack Rivers, or their tributaries, in any 
other manner than by naturally or artificially baited hook and hand- 
line, on any day of the week but Monday, Wednesday, Friday and 
Saturday, shall forfeit for each offence the penalties prescribed for 
taking these species of fish at seasons prohibited by law. 

Sect. 25. Every clerk, superintendent or other officer having 
charge of a market, provision store or other place where fish are sold, 



INLAND FISHERIES. 319 

shall immediately inform a constable or a trial justice in tlie town or 
eit}' wliere said premises are situated, when an}' fish which have been 
taken in violation of law, has been offered for sale on said premises : 
provided^ that such clerk, superintendent or other officer shall know 
or have reasonable cause to believe that said fish has been so taken ; 
and for each neglect so to do, such clerk, superintendent or other olli- 
cer shall pay a fine of not less than five dollars nor more than fifty. 

Sect. 2G. Whoever takes or catches fishes which at any season 
frequent fresh water, except eels and pickerel, in any other manner 
than by artificially or naturally baited hook and hand-line, hand or 
dip net, sweep-seine or salmon-pot, shall forfeit a sum not less than 
five dollars nor more than fifty dollars : provided., that nothing herein 
contained shall authorize the taking or catching of trout, land-locked 
salmon or lake trout in an_y other manner than b}' hook and hand-line ; 
and provided, that towns ma}' be allowed to permit the use of set-nets 
for the capture of herring or alewives. 

Sect. 27. Whoever takes or catches any salmon within the limits 
of this Commonwealth, or who buys, sells or has in possession the 
same taken within said limits, between the first day of August and 
the first day of May, shall forfeit for each offence not less than ten 
nor more than fifty dollars ; and whoever buys, sells or has in posses- 
sion any 3'oung salmon less than one foot in length shall forfeit five 
dollars for every young salmon of said dimensions bought, sold or 
had in possession. 

Sect. 28. Whoever takes or catches any trout, land-locked salmon 
or lake trout within the limits of this Commonwealth, or buys, sells 
or has in possession the same taken within said limits between the 
twentieth day of September and the twentieth day of March in each 
year, or takes or catches an}' trout, land-locked salmon or lake trout 
with any net or salmon-pot, at any season of the year, shall forfeit 
for each oflTence a sum not less than one nor more than twenty dollars. 

Sect. 29, Whoever catches any shad at any other season than 
between the first day of March and the fifteenth day of June, shall 
forfeit for each shad, five dollars. 

Sect. 30. Whoever takes or catches any black bass in any of the 
ponds or streams of this Commonwealth from the first day of Decem- 
ber to the first day of June in each year, or at any time except with 
naturally or artificially baited hooks and hand-line, or buys, sells or 
has in possession any such fish taken within the limits of this Com- 
monwealth, shall forfeit for each offence not less than two nor more 
than twenty dollars. 

Sect. 31. Whoever takes or catches any smelts or white perch, in 
any of the waters of this Commonwealth, in any other manner than 
by naturally or artificially baited hooks and hand-lines, between the' 



320 LAWS RELATING TO 

fifteenth day of March and the first da}' of June, in each year, or 
takes or catches an^' smelts with a net of any kind, on any known 
spawning ground within said Commonwealth, shall forfeit for each 
smelt so taken or caught, the sum of twenty-five cents : provided, 
that nothing herein contained shall appl}- to an}' person catching 
smelts in any seine or net in Taunton Great River, or in Dukes 
County while fishing for herring or alewives, or to the lessees of the 
towns of Yarmouth and Dennis, while fishing for perch or alewives in 
Bass River or its tributaries, or to any person lawfully fishing for 
perch, herring or alewives in either branch of Westport River. 

Sect. 32. Actions and prosecutions under the laws relating to in- 
land fishei'ies shall not be commenced except within four months from 
the time when the cause of action accrues or the offence is committed. 

Sect. 33. One-half of the money recovered as a penalty in any 
case arising under the laws relating to inland fisheries, shall be paid 
to the person making the complaint in the case in which the same is 
recovered, and the remainder to the Commonwealth. 

Sect. 34. The two hundred and forty-ninth chapter of the acts 
of the year eighteen hundred and sixty-six, and the one hundred and 
seventy-ninth chapter of the acts of the year eighteen hundred and 
sixty-eight, and all legislation heretofore enacted limiting the time 
and season when pickerel may be taken, are hereby repealed. — [June 
12, 1869. 

[P. S. 91.] 

[1866, 238.] 

An Act in addition to an Act concerning the Obstructions to the Passage of Fish in 
Connecticut and Merrimacii Ptivers. 

1869, 422. Be it enacted, etc., as follows: Sect. 1. When- 
ever any proprietor of any dam in Massachusetts, upon the Merri- 
mack or Connecticut Rivers, shall have refused or neglected for the 
period of thirty da3's from the time when the commissioners of fish- 
eries shall have furnished such proprietors with the plan specified in 
sections three, four and five of chapter two hundred and thirty eight 
of the acts of the year eighteen hundied and sixty-six, to agree with 
said commissioners for the building on, over or around his dam of the 
fish-way prescribed by the plan furnished such proprietors by said 
commissioners, then said commissioners, or the survivors or survivor 
of them, or their successors or successor, may file in the supreme 
judicial court a bill in equity, in their name but in behalf of said 
Commonwealth, asking for a decree to enforce the immediate con- 
struction and erection of such fish-way as is called for by the plan so 
furnished, to the acceptance of said commissioners, and for such fur- 
ther and other relief as they may deem necessary to enable them to 
enforce the provisions of said chapter two hundred and thirty-eight. 



INLAND FISHERIES. 321 

Sect. 2. Such proceeding, whether by bill to enforce specific per- 
formance or by suit at law, as is provided in section seven of said 
chapter two hundred and thirty- eight, for money expended, shall be 
brought in the supreme judicial court, may be made returnable in the 
county of Suffolk, and shall have precedence upon the docket and 
priority in all its stages over suits depending between private parties. 

— [June 21, 1869. 

[Repealed P. S. 224.] 

Resolve making an Appropriation for Fish-culture. 

1869, Res. 28. Eesolved, That there be allowed and paid out of the 
treasury of the Commonwealth, and the same is hereby appropriated, 
a sum not exceeding twent^'-five hundred dollars, to be expended 
under direction of the commissioners appointed under chapter two 
hundred and thirty-eight of the acts of the year eighteen hundred 
and sixty-six, for purposes connected with the culture of useful fishes 
and of stocking the waters of the Commonwealth therewith. — [April 
10, 1869. 

1870. 

An Act to incorporate the Cape Cod Ship Canal Company. 
1870,36. Beit enacted, etc., as follows: * * * Sect. 17. The 
said canal company shall also make such suitable provisions for the 
continuance of the herring fisher}^ in Monument River and Herring 
Pond as the commissioners on inland fisheries may prescribe ; and in 
case of injury to any private fishery, shall pay to the owner thereof 
such damages as shall, upon the application of either part}', be esti- 
mated by said commissioners, in a manner similar, so far as may be, 
to that provided in laying out highways ; and with a similar right of 
appeal to a jury, by proceedings like those provided for in section six. 

Sect. 25. This act shall take effect upon its passage. — [February 
26, 1870. 

[1856, 176 ; 1865, 212.] 
An Act for protection of the Fisheries in the Head-waters of Buzzard's Bay. 

1870, 249. Be it enacted, etc., asfollovis: Sect. 1. No person 
shall draw, set, stretch or use any drag-net, set-net, purse or seine of 
any kind, or construct, maintain or use anj' fish-weir, yard or pound 
for taking fish of any kind anywhere in the waters of Buzzard's Bay 
northerly of or within a straight line extended from the entrance to 
the harbor in West Falmouth to Bird Island Light ; thence in a 
straight line to Great Neck Point, on the Marion shore, nor in any 
bay, cove, inlet, river, creek or stream bordering on or flowing into 
said waters within the limits aforesaid. 



322 LAWS RELATING TO 

Sect. 2. Whoever violates any provision of this act, or aids or 
assists in violating the sanoe, shall forfeit and pay to the use of any 
person who shall sue therefor, a sum of not less than twenty dollars 
nor more than one hundred dollars, to be recovered in an action of 
tort, in any court having jurisdiction of either party to such action ; 
and shall also upon conviction of any violation of any provisions of 
this act before any justice or court competent to try the same, be 
imprisoned in the house of correction not exceeding sixty days, or 
pay a fine of not less than ten dollars or more than one hundred dol- 
lars, one half to the use of the complainant and the other half to the 
use of the count}' within whose jurisdiction the offence was com- 
mitted. 

Sect. 3. Any net or seine used by any person in violating any pro- 
visions of this act, together with any boat, craft or fishing apparatus 
used in unlawfully working such net or seine, and all fish found there- 
with, captured contrary to an}- provision of this act, shall be forfeited 
to the Commonwealth. 

Sect. 4. All nets and seines in actual use set or stretched in 
violation of this act within the waters and limits aforesaid, holding 
fish contrary to any provisions of said act, are declared to be common 
nuisances. — [May 16,1870. 

[P. S. 91, ^ 79, 80.] 

[1833,211; 1850,6; 1855, 156; 1858, 95.] 
An Act for the protection of the Fisheries in the Vicinity of Nantucket. 

1870,284. Be it enacted, etc. ^ as foHoivs: Sect. 1. It shall not 
be lawful for any person or persons to take any fish with any kind of 
net, or to set anj^ net for the purpose of taking any fish therewith, 
within one mile from the shores of Nantucket, Tuckernuck, Smith's, 
Muskegat and Gravel Islands, without first obtaining permission of 
the selectmen of Nantucket. 

Sect. 2. Every person violating any provision of this act, shall 
forfeit and pay for each offence a sum not less than fifty nor more 
than five hundred dollars. 

Sect. 3. The town of Nantucket is hereby authorized to choose, 
at the annual town meeting, or at an}' meeting duly warned for that 
purpose, such number of fish-wardens as may at the time be deemed 
necessary, who shall be sworn to the faithful discharge of their duty, 
whose duty it shall be to prosecute for every oflfence against any pro- 
vision of this act. 

Sect. 4. All vessels, boats, craft and apparatus of every kind 
employed in taking fish contrary to the provisions of tliis act, or hav- 
ing on board any such fish unlawfully taken, shall be liable for any 
fines, penalties and forfeitures, also costs herein provided for, and 



INLAND FISHERIES. 323 

may be attached on mesne process, and sold on execution as the prop- 
ert}' of the person or persons offending by the use thereof. And it 
shall be the duty of said fish-wardens to seize such vessel, boat, craft 
or apparatus, and detain the same not exceeding forty-eight hours, in 
order that the same may be attached or arrested by due process of 
law : provided, however, that as soon as the master or owner of such 
vessel, boat, craft or apparatus shall pay the penalty required by the 
fish-wardens, to the treasurer of the town of Nantucket, together with 
the accrued costs, such vessel, boat, craft or apparatus shall be dis- 
charged with the effects therein ; and the ninth clause of section thirty- 
two of chapter one hundred and thirty-three of the General Statutes 
is hereby so modified that it shall not apply to boats, fishing tackle 
and nets taken under the provisions of this act. 

Sect. 5. All fines, penalties and forfeitures recovered and received 
by virtue of this act, shall go, one half to the treasurer of the town of 
Nantucket, for the use of said town, the other half to the fish-warden 
or fish-wardens commencing the action ; and said fines, penalties and 
forfeitures may be recovered, together with the legal costs of suit, bj- 
an action of tort in any court of record proper to try the same. 

Sect. 6. Chapter six of the acts of the year eighteen hundred and 
fifty, chapter one hundred and fifty-six of the acts of the year eighteen 
hundred and fifty-five, and chapter ninety-five of the acts of the year 
eighteen hundred and fifty-eight are hereby repealed. 

Sect. 7. This act shall take effect upon its passage. — [May 27, 
1870. 



An Act to amend an Act for encouraging the Cultivation of Useful Fishes. 

1870,360. Be it enacted, etc., as follows : Sect. 1. Section nine 
of chapter three hundred and eighty-four of the acts of the year eigh- 
teen hundred and sixtj^-nine is hereby so amended that the commis- 
sioners on inland fisheries shall have no authority to lease any great 
pond exceeding twent}' acres in area, situated within the limits of 
Dukes County. 

Sect. 2. This act shall take effect upon its passage. — [.Tune 15, 

1870. 

[1875, 115.] 

[1868, 130 ; 1869, 384.] 
An Act in relation to the taking of Shad in the Connecticut River. 

1870, .369. Be it enacted, etc., as follows: Sect. 1. The limita- 
tion of time for catching shad in the Connecticut River in this state 
shall hereafter be the same as that now fixed, or which shall hereafter 
be prescribed bv the legislature of Connecticut for taking shad in said 
river in that state. 



324 LAWS RELATING TO 

Sect. 2. All acts and parts of acts inconsistent with this act are 

hereby repealed. 

Sect. 3. This act shall take effect upon its passage. — [June 18, 

1870. 

[1881, 47.] 

An Act to prohibit the taking of Black Bass in Lake Cochituate. 
1870, 382. Be it enacted^ etc., as follows: Whoever catches, takes 
or destroys any black bass in the waters of Lake Cochituate in the 
towns of Natick, Wayland or Framingham in the county of Middlesex, 
shall forfeit for each offence not less than ten nor more than lift}' 
dollars. — [June 21, 1870. 

Resolve making appropriation for Fish Culture. 

1870, Res. 41. Resolved, That there be allowed and paid out of 
the treasury, a sum not exceeding four thousand dollars, to be ex- 
pended under direction of the commissioners on inland fisheries, for 
purposes connected with the culture of useful fishes and of stocking 
the waters of the Commonwealth therewith. — [May 12, 1870. 

1871. 

[1869, 384.] 
An Act for the better protection of Black Bass. 

1871, 113. Be it enacted, etc., as follows: Sect. 1. That in 
section thirty of chapter three hundred and eighty-four of the acts of 
the year eighteen hundred and sixty-nine, the word July be substi- 
tuted for the word June. 

Sect. 2. This act shall take eflect upon its passage. — [May 22, 

1871. 

[P. S. 91, § 56.] 

An Act to protect an Alewive Fishery in Sandwich. 
1871, 189. Be it enacted, etc., as fallows: Sect. 1. Barzilla 
Sears, of the town of Sandwich, his heirs and assigns, shall have, for 
the term of twenty years from the date of the passage of this act, the 
exclusive right to take and catch alewives in the stream known as 
Mill River, running over the mill-dam of said Sears and through the 
marshes of said Sandwich to the waters of Sandwich Harbor, on 
Monday, Wednesday, Friday and Saturday in each week, and at no 
other time : provided, that said Sears, his heirs and assigns, shall 
construct and maintain a good and sufficient passage-waj'^ over or 
around the dam or dams which now are or which may hereafter be 
erected upon said stream, to enable fish to enter the ponds above such 
dam or dams, and shall keep such passage-wa}- open and unobstructed 
from the tenth day of April to the first day of June inclusive in each 
year. 



INLAND FISHERIES. 325 

Sect. 2. Any person or persons taking alewives in said Mill 
River or the said ponds, without the written consent of said Barzilla 
Sears, his heirs or assigns, shall forfeit and pay for every such offence 
the sum of ten dollars, one-half of the forfeiture to the use of the 
person making the complaint, and one-half to said Sears, his heirs 
and assigns, to be recovered in any court of competent jurisdiction 
— [April 14, 1871. 



[Sp. Laws, vol. 1, p. 422; 1855, 401.] 
An Act to amend an Act to regulate the Fisheries in Taunton Great River and New- 

masket River. 
1871, 258. Beit enacted, etc., as follows : Sect. 1. That so 
much of the fifth section of chapter four hundred and one of the acts 
of the year eighteen hundred and fifty-five as provides that no shad 
or alewives shall be taken in Taunton Great River above Berkley and 
Dighton Bridge, between the hours of twelve o'clock in the ni^ht 
following Thursday of each week, and four o'clock on Monday morn- 
ing succeeding, from the first day of March to the tenth day of June 
in each year, including both of said days, is hereby repealed. 

Sect. 2. Whoever catches any shad or alewives either in the New- 
masket or Taunton Great River at any other season of the year than 
between the first day of March and the fifteenth day of June shall 
forfeit for each shad five dollars, and for each alewive twentv-five 
cents, "^ 

Sect. 3. This act shall take effect from and after the first day of 
July next. — [May 9, 1871. 

[1875, 71; 1876, 208; 1879, 83.] 



[1869, 384.] 
Ax Act in addition to an Act for encouraging the Cultivation of Useful Fishes. 
1871, 281. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes any fish the capture of which is forbidden by any of the provis- 
ions of chapter three hundred and eighty-four of the acts of the year 
eighteen hundred and sixty-nine shall, in addition to the penalties 
therein prescribed, forfeit any boat, net, line, rod or other apparatus 
used in such capture, in all cases where such forfeiture is not already 
provided for in said act. 

Sect. 2. The proprietor of any unnavigable tidal stream, where 
the same empties into salt water and in which fishes are lawfully cul 
tivated or maintained, shall control the fishery of said stream within 
his own premises ; and also beyond and around the mouth of said 
stream so far as the tide may ebb : provided, it does not ebb more 
than eighty rods ; and whoever fishes within the above described 
limits without the permission of the said proprietor shall forfeit not 
less than one dollar nor more than twenty dollars for the first offence 



326 LAWS RELATING TO 

and not less than five nor more than fifty dollars for an}' subseciuent 
offence, and shall in addition forfeit any boat, net, line, rod or other 
apparatus used in such illegal fishing. — [May 12, 1871. 

[P. S. 91, s^^ 31, 61.] 

An Act to limit the time for catching Alevvives. 

1871, 293. Be it enacted, etc., as follows: Section twenty-nine of 
chapter three hundred and eighty-four of the acts of the year eighteen 
hundred and sixt^-nine is hereby amended by inserting after the word 
" shad," the words "• or alewives," and also b}' adding after the word 
"dollars," the words " and for each alewive twenty-five cents." — 
May 15, 1871. 

[P. S. 91, s^ 55.] 

1872. 

An Act to amend Chapter eighty-three of the General Statutes, in relation to the seizure 
of Vessels with Shell-fish on board. 

1872,46. Be it enacted, etc., as follows : Sect. 1. Section four- 
teen of chapter eighty-three of the General Statutes is hereb}^ 
repealed. 

Sect. 2. Section fifteen of said chapter is hereb}- amended by 
striking out the word " four" in the first line, and inserting in place 
thereof the word " three." 

Sect. 3. This act shall take effect upon its passage. — [Fcbruar}- 
27, 1872. 

An Act to re-establish the Alewife and other Fisheries in the Towns of Bridgewatcr 
West Bridgewater, East Bridgewater and Halifax. 

1872, 190. Be it enacted, etc., as follows : Sect. 1. The owners 
and proprietors of the dams on the Town River in the towns of 
Bridgewater and West Bridgewater, on the Satucket River in the 
town of East Bridgewater, and on the Monponset River or brook in 
the town of Halifax are hereb}' required to erect and maintain fish- 
ways over or around said dams, and shall be subject to all the powers 
given to the cominissioaers on inland fisheries by chapter three hun- 
dred and forty-four of the acts of the year eighteen hundred and 
sixty-seven and chapter three hundred and eighty-four of the acts of 
the year eighteen hundred and sixty-nine. 

Sect. 2. No person shall take, catch, or cause to be taken or 
caught by any means whatsoever, in any of said rivers or their tribu- 
taries or the ponds out of which said rivers or tributaries flow, any of 
the fish called herrings, alewives, or shad, until the first day of May 
in the yesiV eighteen hundred and seventy-five. 

Sect. 3. The inhabitants of the several towns named herein, 
shall, at their annual town meetings in the year eighteen hundred 
and seventy-five and annuall}' thereafter, determine upon some place 



INLAND FISHERIES. 327 

on said rivers or their tributaries within their limits, where said fish 
shall be taken, but neither of said towns shall establish more than 
one place upon said rivers or tributaries iu the same year, where said 
fish shall be taken, and no person shall take said fish in any other 
place or places on said rivers or their tributaries than those estab- 
lished as aforesaid ; and no person shall take said fish in anj^ of the 
ponds out of which said rivers or tributaries flow. 

Sect. 4. The commissioners on inland fisheries shall have full power 
to regulate the day or days of the week upon which the inhabitants 
of said towns shall take said fish, assigning to each of said towns 
separate days for fishing, and no person shall take or cause to be 
taken any of said fish at an}' other time or times than those which 
shall be prescribed by said commissioners. 

Sect. 5. The inhabitants of the several towns named herein, may 
make all proper regulations concerning said fisheries, not in conflict 
with the other provisions of this chapter, and the general laws relat- 
ing to inland fisheries, and ma}' lease all or either of said fisheries 
for a term not exceeding three years, or may otherwise dispose of the 
same from year to year as they shall deem fit, but shall have no right 
to release or sell the same. 

Sect. 6. An}- person offending against any of the provisions of 
this act, shall forfeit for each offence a sum not less than five nor 
more than thirty dollars, and shall be subject to all further penalties 
in such cases as is by law made and provided. 

Sect. 7. All other special laws relating to said fisheries upon said 
rivers and tributaries are hereby repealed. — [April 12, 1872. 

[1878, 32.] 

An Act to protect and control the Alewife Fishery in Kingston. 

1872, 218. Be it enacted^ etc., as follows: Sect. 1. The owners 
of dams on Jones's River, Stony Brook and Smelt Brook in Kingston, 
are required to erect and maintain fish-ways over or around said dams, 
and shall be subject to all the powers given to the commissioners of 
inland fisheries by chapter three hundred and thirty-four of the acts 
of the year eighteen hundred and sixtj^-seven, and chapter three hun- 
dred and eighty-four of the acts of the year eighteen hundred and 
sixty-nine. 

Sect. 2. The inhabitants of Kingston may make any proper regu 
lations concerning their fisheries and rights to fisheries in such streams, 
and may lease all or either of said fisheries for a period not exceeding 
five years, or ma}- otherwise dispose of the same from year to year as 
they shall deem fit, but shall have no right to release or sell the 
same. 

Sect. 3. For the purposes of the fifth, sixth and seventh sections' 



328 LAWS RELATING TO 

of the acts of the year eighteen hundred and sixty-six, the fisheries 
above named shall be considered fisheries created by the town of 
Kingston. 

Sect. 4. This act shall take eflfect upon its passage. — [April 17, 
1872. 

[Sp. Laws, vol. 1, p. 269.] 
An Act relating to the Shad and Alewife Fishery in North River. 

1872,229. Be it enacted, etc., as follows: Sect. 1. No shad or 
alewives shall be taken in any part of North River in the county of 
Plymouth, from the first day of March to the fifteentli day of June in 
each year hereafter, including both of said days, excepting on Mon- 
days, Tuesdays and Wednesdays of each week from sunrise to sunset 
of said days, under the penalty provided for in section twenty-one, 
chapter three hundred and eighty-four of the acts of the year eighteen 
hundred and sixty-nine, one-half of the money recovered as a penalty 
in any case arising under this law to be paid to the person making 
the complaint in the case in which the same is recovered, and the 
remainder to the Commonwealth. 

Sect. 2. So much of section twenty-second, chapter three hun- 
dred and eight3'-four of the acts of the year eighteen hundred and 
sixty-nine as provides that whosoever uses any sweep seine or com- 
bination of sweep seines in such a manner as at any moment to close 
or seriously obstruct more than two-thirds of the width of the stream 
at the place where it is used, shall not apply to said North River : 
provided, that no seine or combination of seines used in said river 
shall exceed in length the width of the river where it is used : and 
provided, also, that no person shall be allowed to use set-nets or gill- 
nets on said river or its tributaries under the penalty prescribed in the 
first section of this act. — [April 20, 1872. 

[1876, 103; 1881, 44; 1883, 76; 1884, 199.] 

Sp. Laws, vol. 1, p. 272. 
An Act in relation to the Taking of Smelts and Pickerel in Merrimack River. 
1872,235. Be it enacted, etc., as follows: Sect. 1. Nothing con- 
tained in section twenty-one of chapter three hundred and eighty -four 
of the acts of the year eighteen hundred and sixty-nine, shall be con- 
strued to prevent the taking of smelts or pickerel or pickerel bait, in 
the Merrimack River, between the first day of October and the 
fifteenth day of April following. — [April 23, 1872. 
[1878, 172 ; P. S. 91, § 39.] - 



[1826, 54 ; 1851, 77 ; 1856, 285.] 
An Act to protect the Fisheries in the Town of Edgartown. 
1872, 248. Be it enacted, etc., as follows: Sect. 1. No person 
shall set, draw or stretch any seine or net of any kind in any of the 



INLAND FISHERIES. 320 

creeks, bays or inlets of the Great Pond, Sengekontaeket Pond, east 
of Nathan's Island, Katama Bay, or in the harbor of Edgartown, 
south of Chappequiddick Point, in said town, between the first day of 
March and the first day of October, in each year ; nor shall any 
person not an inhabitant of said town at any time set, drag or 
stretch any seine or net in any of the ponds or creeks of said town or 
outlets thereof. The seining of menhaden and mackerel is exempted 
from this act. This act shall be void as to Great Pond, if it shall 
appear that no sufficient creek is kept open and maintained from said 
pond to the sea ; and it shall be void as to Trap's Pond, if it shall 
appear that no such creek is kept open and maintained from said 
pond to the sea. 

Sect. 2. Any person violating an}' provision of this act shall be 
liable to a fine not exceeding three hundred dollars for each oflTence. 

Sect. 3. Chapter two hundred and eighty-five of the acts of the 
year eighteen hundred and fift^'-six is hereby repealed. — [April 24, 
1872. 

[1869, 384.] 
An Act for amending an Act for encouraging the Cultivation of Useful Fishes. 

1872, 290. Be it enacted, etc., as follows: Sect. 1. Section 
thirt3--one of chapter three hundred and eight3'-four of the acts of the 
year eighteen hundred and sixty-nine is hereby amended by striking 
out the words "■ while fishing for herrings and alewives," and inserting 
the following : " during the time and in the manner a person may 
lawfully fish for herrings or alewives." 

Sect. 2. This act shall take effect upon its passage. — [April 30, 
1872. 

1873. 

An Act to protect the Oyster Fishery in Barlow River. 

1873, 41. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes any oysters from Barlow River, in the town of Sandwich, at 
an}^ time previous to the first day of October, eighteen hundred and 
seventy-four, shall forfeit five dollars for each bushel and fraction of 
a bushel so taken. 

Sect. 2. The inhabitants of the town of Sandwich, at a legal 
meeting called for the purpose, may make regulations concerning the 
taking of oysters in said river after said first day of October; and 
whoever takes any oysters from said river contrary to such regula- 
tions, shall be subject to the same penalties as are provided in the 
preceding section. The penalties provided in this act may be recov- 
ered by complaint or indictment in any court of competent jurisdic- 
tion. 



330 LAWS RELATING TO 

Sect, 3. This act shall take effect upon its passage. — [February 
26, 1873. 

An Act to extend the time within which Actions and Prosecutions under the laws 
relating to Inland Fisheries may be commenced. 

1873, 137. Be it enacted, etc., as follows: Sect. 1. Section 
thirty-two of chapter three hundred eight}- four of the acts of eighteen 
hundred sixty-nine is amended by striking out the words " four 
months," and inserting the words "one year" instead thereof. 

Sect. 2. This act shall take effect on its passage. — [March 29, 
1873. 

[P. S. 91, (J 103.] 

An Act to regulate the leasing of great ponds for the purpose of Cultivating useful 

Fishes. 

1873, 195. Be it enacted, etc., as follows: Sect. 1. It shall Ije 
the duty of the commissioners on inland fisheries in all cases where 
application is made for the lease of any great pond for the purpose 
named in section nine of chapter three hundred and eighty-four of 
the acts of eighteen hundred and sixty-nine, to give notice of said 
application to the town or city within whose limits said pond lies, and 
of the time and place appointed for a hearing thereon. 

Sect. 2. The several towns and cities in the Commonwealth are 
authorized to take leases of any great ponds within tlieir respective 
limits, for the purpose of cultivating useful fishes, under such con- 
ditions and restrictions as the commissioners on inland fisheries 
may prescribe, and may make appropriations to carry out the pro- 
visions of this act. ~ 

Sect. 3. This act shall take eflfect on its passage. — [April 15, 
1873. 

[P. S. 91, §^ 13, 14 ; 1885, 109.] 



[1869, 384] 
An Act in relation to the Smelt Fishery. 
1873, 211. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes or catches any smelts with a net of any kind or in any other 
manner than by naturally or artificially l)aited hooks and hand-lines, 
shall forfeit for each smelt so taken or caught, the sum of twenty-five 
cents : provided, that nothing herein contained shall apply to any 
person catching smelts in any seine or net in Taunton Great River, 
or to any person lawfully fishing for herrings or alewives in Dukes 
County, or to any person lawfully fishing for perch or alewives in 
Bass River or its tributaries in the towns of Yarmouth and Dennis, 
or to any person lawfully fishing for perch, herring or alewives in 
North River in Scituate, or in either branch of Westport River. 



INLAND FISHERIES. 331 

Sect. 2. Section thirty-one of chapter three hundred eighty- lour 
of the acts of eighteen hundred sixty-nine is repealed. — [April 19, 

1873. 

[1873, 364.] 

An Act in addition to an Act in relation to the Smelt Fishery. 

1873, 364. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes any smelts with a net of any kind, or in any other manner than 
by naturall}- or artificially baited hooks and hand lines shall forfeit 
for each smelt so taken the sum of twenty-five cents : provided, that 
nothing herein contained shall apply to any person catching smelts 
in any seine or net in Taunton Great River or Dukes County during 
the time and in the manner a person may lawfully fish for herrings or 
alewives, or to an}' person hiwfully fishing for perch or alewives in 
Bass River or its tributaries in the towns of Yarmouth and Dennis, 
or to any person lawfull}' fishing for perch, herring or alewives in 
North River in Scituate, or in either branch of Westport River. 

Sect. 2. Section one of chapter two hundred and eleven of the 
acts of the year eighteen hundred and seventy-three is repealed. — 
[June 11, 1873. 

[1874, 153 ; P. S. 91, ^^ 57-60.] 

1874. 

An Act to protect the Rights of Owners of Ponds. 

1874, 82. Be it enacted, etc., as foUoios: Sect. 1. Whoever 
without the written consent of the proprietor or lessee of any natural 
or artificial pond, the superficial area of which is not more than 
twenty acres, takes any fish therefrom shall forfeit and pay a fine not 
exceeding twenty-five dollars for every such offence, to be recovered 
before anj' court having jurisdiction of such offence. 

Sect. 2. No penalty under this act shall be incurred until such 
proprietor or lessee has caused such pond to be measured, and such 
measurement to be recorded in the town clerk's office in each town 
within which such pond is situated, in the manner provided by section 
eleven of chapter three hundred and eighty-four of the acts of eigh- 
teen hundred and sixt3'-nine. 

Sect. 3. This act shall take effect upon its passage. — [March 
23, 1874. 

[P. S. 91, § 24.] 

An Act to prohibit Fishing in any Reservoirs, Ponds and Streams talien by the City 
of Worcester for a supply of Pure Water. 

1874,86. Be it enacted, etc., as folloivs: Sect. 1. No person shall 

take any fish from any reservoirs, ponds and streams held or owned b}- 

the city of Worcester for the purpose of supplying said cit}- with pure 

water, without the permission of the water commissioners of said 

city, under the direction of the city council of said city. 






332 LAWS RELATING TO 

Sect. 2. Any person offending against the provisions of this act 
shall forfeit and pay a fine of not less than five dollars and not more 
than fift}^ dollars, to be recovered by prosecution before any court of 
competent jurisdiction. — [March 24, 1874. 

An Act to amend an Act for encouraging the Cultivation of useful Fishes. 

1874,131. Be it enacted, etc., as folio ivs: Sect. 1. Section one 
of chapter three hundred and sixty of the acts of eighteen hundred 
and seventy, shall not apply to the pond known as the Oj'ster Pond 
in Dukes County. 

Sect. 2. This act shall take eflfect upon its passage. — [April 1, 
1874. 

[1875, 115; P. S. 91, § 12.] 

An Act in addition to an Act to regulate the leasing of Great Ponds for the purpose of 
cultivating useful Fishes. 

1874, 135. Be it enacted, etc., as follows : Sect. 1. Any town 
in this Commonwealth, may either alone or jointly with any other 
town, take a lease of any great pond for the purposes named in sec- 
tion two of chapter one hundred and ninety-five of the acts of the 
year one thousand eight hundred and seventy- three, and may make 
appropriations therefor. 

Sect. 2. This act shall take effect upon its passage. — [April 1, 
1874. 

[P. S. 91, § 14; 1885, 109.] 

[Sp. Laws, vol. 1, pp. 272, 296.] 
An Act to regulate Fishing in the Connecticut and Merrimack Rivers. 

1874, 144. Be it enacted, etc., as follows : Sect. 1. From and 
after the passage of this act whoever takes or catches any shad or 
alewives in any part of the Merrimack River or its tributaries l^'ing 
within this Commonwealth, except between sunrise on Monday morn- 
ing and sunrise of Thursday morning of each week, from the first day 
of March to the tenth day of June in each year, shall forfeit for each 
alewive so taken, a sum not less than one nor more than five dollars, 
and for each shad so taken, a sum not less than five nor moi'e than 
twenty dollars. 

Sect, 2. Whoever takes or catches any salmon in any part of the 
Connecticut or Merrimack Rivers or their tributaries lying within 
this Commonwealth, for a period of six years from and after the 
passage of this act, shall be punished for each offence by a fine of not 
less than fifty nor more than two hundred dollars, or by imprisonment 
in the house of correction not less than two nor more than six months : 
jyrovided, that any person catching salmon when seining for other fish 
and not retaining the same shall not be subject to the penalty provided 
in this section. 



INLAND FISHERIES. 333 

Sect. 3. Whoever takes or catches any fishes within four hunclred 
yards of any fishway now built or hereafter to be built on the Connec- 
ticut River or its tributaries lying within this Commonwealth, or 
trespasses within the limits of such fishway, shall forfeit for each 
offence the sum of fifty dollars. 

Sect. 4. Whoever uses any gill-net of any size or description in 
the waters of the Connecticut or Merrimack Rivers or their tributaries 
Ijdng within this Commonwealth, shall forfeit for each offence the sum 
of twent3'-five dollars. 

Sect. 5. Whoever takes or catches any fish in violation of the 
provisions of this act shall in addition to the penalties herein pre- 
scribed, forfeit any boat, net, line, rod or other apparatus used in 
such taking or catching. 

Sect. 6. If the maj-or aud aldermen of any city or the selectmen 
of any town, bordering on either the Connecticut or Merrimack 
Rivers, shall neglect to appoint and fix the compensation of fish- 
wardens within their respective cities and towns as now required by 
law, the city or town in which such neglect occurs, shall forfeit a 
sum not less than one hundred nor more than five hundred dollars. — 
[April 7, 1874. 

[P. S. 91, §§ 34, 37, 38, 43; 1882, 166; 1883, 31 ; 1884, 317.] 

An Act in addition to Acts in relation to Smelt Fisheries. 

1874, 153. Be it e7iacted, etc., as follows: Sect. 1. Whoever 
within this Commonwealth offers for sale or has in his possession an}' 
smelt or smelts between the fifteenth day of March and the first day 
of June in each year, shall forfeit for each and every smelt so sold, 
offered for sale, or had in his possession, the sum of one dollar. 

Sect. 2. Whoever takes or catches an}' smelt or smelts with a 
net of any kind, or in any other manner than by naturally or arti- 
ficially baited hooks and hand lines, shall forfeit for each smelt so 
caught or taken the sum of one dollar : provided, that nothing con- 
tained in this act shall apply to any person catching smelts in any 
seine or net, within the limits of Bristol, Barnstable or Dukes 
counties, during the time, and in the manner, a person may lawfully 
fish for perch, herring or alewives, or to any person offering for sale 
or having in his possession smelts so caught, within those limits ; and 
in all prosecutions under this act, the burden of proof shall be upon 
the defendant to show that the smelt or smelts, the offering for sale, 
possession, or catching of which is the subject of the prosecution, 
were legally caught. 

Sect. 3. The mayor and aldermen of any city, the selectmen of 
any town, and all police officers and constables within this Common- 
wealth, shall cause the provisions of this act to be enforced within 



334 LAWS RELATING TO 

their respective cities and towns, and all forfeitures and penalties for 
violations of the provisions of this act shall be paid, one-half to the 
person making the complaint and one-half to the city or town in 
which the offence is committed. 

Sect. 4. All acts conflicting with this act are hereby- repealed. — 
[April 9, 1874. 

[P. S. 91, ^§ 57-60.] 

An Act to regulate the Shell-fisheries in the waters of Mount Hope Bay and its 

tributaries. 

1874,185. Beit enacted, etc., as folloivs : Sect. 1. The select- 
men of the towns of Swansea and Somerset, and the mayor and alder- 
men of the city of Fall River ma}' by a writing under their hands 
grant a license for such a term of years not exceeding five as they in 
their discretion deem necessary and the public good requires, to any 
inhabitant or riparian owner in said towns or city, to plant, cultivate 
and dig clams, quahaugs and scollops, and other shell-fish upon and 
in an}' flats, shores, creeks and waters in their respective towns and 
city, not however impairing the private rights of any person. 

Sect. 2. Such license shall describe by metes and bounds, the 
flats, shores, creeks or waters so appropriated, and shall be recorded 
by the town or city clerk, before it shall have any force, and the per- 
son or persons licensed shall pay to the town or cit}' two dollars and 
to the clerk fifty cents. 

Sect. 3. The person or persons so licensed and his or their heirs 
and assigns shall for the purpose aforesaid have the exclusive use of 
the flats, shores, creeks and waters described in the license during 
the time specified therein, but such license shall not give any 
authority to remove or disturb any sedge or thatch bordering on said 
shore or flats, and may in an action of tort recover treble damages of 
any person who without his or their consent digs or takes clams, qua- 
haugs, or scollops, or other shell-fish, from such flats, shores, creeks 
or waters during the continuance of the license. 

Sect. 4. The towns of Swansea and Somerset and the mayor and 
aldermen of the city of Fall River at an}' legal meeting called for the 
purpose, may make such by-laws as they may from time to time deem 
expedient to protect and preserve all shell fisheries within said towns 
and city : provided, always, that no by-laws made as above shall 
infringe upon the laws of the Commonwealth. 

Sect. 5. Whoever takes any shell fish from within the waters of 
said towns of Swansea and Somerset and the city of Fall River in 
violation of the by-laws established by said towns or city, or of the 
provisions of this act, shall for every offence pay a fine of not less 
than five or more than ten dollars, and costs of prosecution, and one 
dollar for every bushel of shell fish so taken. Said fine and forfeiture 



INLAND FISHERIES. 335 

imposed under this act to be recovered by indictment or b}' complaint 
before a trial justice in the county of Bristol. — [April 24, 1874. 

[1875, 116.] 

An Act for the protection of Trout, Land-locked Salmon and Lake Trout. 
1874, 186. Be it enacted, etc., as folloivs : Sect. 1. Whoever 
takes or catches any trout, land-locked salmon or lake trout, within 
the limits of this Commonwealth, or buys, sells or has in possession 
the same taken within said limits between the twentieth day of August 
and the twentieth day of March in each 3'ear, or takes or catches anj' 
trout, land-locked salmon or lake trout with any net or salmon-pot, at 
any season of the year, shall forfeit for each fish so caught a sum not 
less than five nor more than twenty dollars. 

Sect. 2. The twenty-eighth section of the three hundred and eighty- 
fourth chapter of the acts of eighteen hundred and sixty-nine is 
repealed. — [April 24, 1874. 

[P. S. 91, ^ 51; 1884, 171.] 

An Act in addition to an Act for the Protection of Fisheries in the Head- Waters of 

Buzzard's Bay. 

1874, 282. Be it enacted, etc., as follows: Sect. 1. The pro- 
visions of chapter two hundred and fortj'-nine of the acts of eighteen 
hundred and seventy, entitled " An Act for the protection of the fish- 
eries in the head-waters of Buzzard's Bay," shall hereafter be appli- 
cable to the waters north-westerly of, or within a straight line extended 
from Angelica Point to the town of Mattapoisett, to the central point 
of Ram Island, thence west in a straight line to the westerly town 
line of Mattapoisett, from the twent^'-fifth day of March to the fifteenth 
day of May in each year. 

Sect. 2. This act shall take effect upon its passage. — [Ma}' 29, 
1874. 

[P. S. 91, § 79; 1886, 192.J 

1875. 

An Act concerning the Shftll-Fisheries of the Town of Brewster. 
Be it enacted, etc., as follows: Sect. 1. No person, except the 
inhabitants of the town of Brewster, shall take any clams, qnahaugs, 
oysters or other shell-fish from within the waters of said town, with- 
out a permit from the selectmen thereof, nor shall any inhabitant of 
said town, at any one time, take more than three bushels of said fish, 
including their shells, for bait or for the purpose of selling the same 
without a permit from the selectmen of said town, who may grant the 
same for such snm to be paid to the use of said town, as they shall 
deem proper ; but the inhabitants of said town may take said fish for 
family use without such permit. 



336 LAWS RELATING TO 

Sect. 2. Whoever takes any shell-fish from within the waters of 
said town of Brewster in violation of the provisions of this act. shall, 
for every offence paj- a fine of not less than five nor more than ten 
dollars, and costs of prosecution, and also one dollar for every bushel 
of shell-fish so taken, said fine and forfeiture imposed under this act 
to be recovered by indictment or complaint before a trial justice in the 
county of Barnstable. — [March 4, 1875. 

[Sp. Laws, vol. 1, p. 296; 1869, 76.] 

An Act to amend Chapter seventy -six of the Acts of the year eighteen hundred and 

sixty -nine, relating to fishing in the Connecticut River. 

1875,39. Be it enacted^ etc., as follows : Sect. 1. Section one 
of chapter sevent3'-six of the acts of the year eighteen hundred and 
sixty-nine is hereby amended so that shad may be taken from the 
Connecticut River with rod and line and artificially-baited hook at any 
time between the fifteenth day of March and the first da}- of August 
in each year. 

Sect. 2. This act shall take effect upon its passage. — [March 8, 

1875. 

[1881, 47, ^^ 1, 3; P. S. 91, \^ 32, 40.] 

An Act for the Preservation of the Eel Fishery in the Town of Mashpee. 

1875, 60. Be it enacted., etc., as follows: Sect. 1. No person 
shall take from Jehu's pond, so called, in the town of Mashpee, or 
from the outlet therefrom more than three dozen of eels on an}' one 
day without a permit in writing from the selectmen of said town. 

Sect. 2. Whoever violates the provisions of this act shall forfeit 
for every eel taken in violation thereof, twentv-five cents ; and all for- 
feitures under this act shall be paid, one-half to the town of Mashpee, 
and one-half to the complainant. — [March 20, 1875. 

An Act concerning the Clam Fisheries in the Town of Winthrop. 

1875,61. Be it enacted., etc., as follows : Sect. 1. No person not 
an inhabitant of the town of Winthrop, shall take any clams from 
within the waters of said town without a written permit from the 
selectmen of said town : nor shall any person being an inhabitant of 
said town at an}' one time, take any clams from within said waters 
exceeding three bushels including their shells for bait or for the pur- 
poses of selling the same without a permit from the selectmen of said 
town ; who may grant the same for such sum to be paid to the use of 
the town as they shall deem proper ; and the inhabitants of said town 
may take clams for family use and for no other purpose without such 
permit. 

Sect. 2. Whoever takes any clams from within the waters of Win- 
throp in violation of the provisions of this act shall for every oflfence, 



INLAND FISHERIES. 337 

pay a fine of not less than five nor more than ten dollars and costs of 
prosecution : said fine and forfeiture imposed under this act to be re- 
covered by indictment or complaint before any trial justice or an}'^ 
court of competent jurisdiction within the county of Suffolk. 

Sect. 3. This act shall take effect upon its passage. — [March 20, 
1875. 

[Sp. Laws, vol. 1, p. 422; 1855, 401.] 
An Act to amend an Act to regulate the Fisheries in Taunton Great River and 

Nemasket River. 

1875, 71. Be it enacted, etc., as folloivs: Whenever any fishing 

privilege is hereafter offered for sale agreeabl}' to the provisions of the 

second section of chapter four hundred and one of the acts of the year 

eighteen hundred and fift3'-five, or any act in amendment thereof, if no 

offer of one hundred dollars or more is made for said privilege, the 

mayor and aldermen of the city or the selectmen of the town offering 

the same for such sale may refuse to accept any offer less than said 

sum, and thereafter wards may sell or dispose of said privilege in such 

manner as will best promote the interests of said city or town. — ■ 

[March 27, 1875. 

[1876,208; 1879,83.] 

An Act to authorize the Leasing of Great Ponds in Dukes County. 

1875, 115. Be it enacted, etc., as follows: Sect. 1. The com- 
missioners on inland fisheries may lease an}'^ great pond, exceeding 
twenty acres in area, situated within the limits of Dukes County : 
provided, that the town, or towns within which said pond lies shall, 
after the notice now required by law, at a meeting called for that pur- 
pose, assent to the granting of such lease. 

Sect. 2. Chapter three hundred and sixty of the acts of the year 
eighteen hundred and seventy is hereb}^ repealed. 

Sect. 3. This act shall take efl'ect upon its passage. — [April 10, 
1875. 

P. S. 91, § 12; 1885, 109.] 

[1874, 185.] 
An Act concerning the Shell-Fisheries in the Towns of Swansea and Somerset. 

1875, 116. Be it enacted, etc., as follows : Sect. 1. Whoever, 
within the limits of the towns of Swansea and Somerset violates any 
of the provisions of section thirteen of chapter eighty-three of the 
General Statutes shall in addition to the penalty therein prescribed be 
liable to a fine not exceeding ten dollars.- 

Sect, 2. The sheriff of Bristol County or any of his deputies, or 
au}' constable or selectman of the towns of Swansea and Somerset 
ma}' without a warrant arrest any person whom he finds in the act of 
taking shell-fish from their beds in said towns in violation of the pro- 



338 LAWS RELATING TO 

visions of section thirteen of chapter eighty-three of the General 
Statutes, or in the act of carrying away therefrom any shell-fish so 
taken, and detain him in some place of safe keeping until a warrant 
can be procured against said person upon .a complaint for said offence : 
provided, that such detention without a warrant shall not exceed 
twenty-four hours. 

Sect. 3. The selectmen of the towns of Swansea and Somerset 
may charge and receive in behalf of and for the use of said towns 
such sum not exceeding thirty-five cents per bushel as they shall deem 
proper for the permit to take shell-fish from their beds in said towns 
as authorized b}- section thirteen of chapter eighty-three of the General 
Statutes and the person or persons receiving the permit shall pay the 
same according to the terms therein specified. 

Sect. 4. Chapter one hundred and eighty-five of the acts of the 
year eighteen hundred and sevent^'-four is hereby repealed. — [April 
10, 1875. 

[1840,24; 1841,76.] 
An Act to prohibit Seining of Fish in the Ponds on the Island of Nantucket. 

1875, 180. Be it enacted, etc., as follows: Sect. 1. No person 
shall set, draw or use any seine or net for taking fish in the great 
ponds on the island of Nantucket. 

Sect. 2. An}' person violating this act shall, on conviction, pay a 
fine of not less than twenty-five nor more, than fifty dollars with for- 
feiture of boats, nets and apparatus thus used, to be recovered before 
any court of competent jurisdiction, for the use of the town of Nan- 
tucket. 

Sect. 3. This act shall take effect upon its passage. — [May 3, 

1875. 

[1876, 49.] 

An Act in addition to an Act to regulate the Fishery in Palmer's River. 

1875,201. Beit enacted, etc., as follows : Sect. 1. The sheriff 
of Bristol County or any of his deputies, or any constable or fish- 
warden of either of the towns of Swansea and Eehoboth, may with- 
out a warrant arrest any person whom he finds in the act of taking 
herring, alewives or shad from the waters of Palmer's River in either 
of said towns, in violation of the provision of chapter ninetj'-two of 
the acts of the year eighteen hundred and fifty-two ; and may detain 
him in a place of safe-keeping, until a warrant can be procured against 
him upon a complaint for said offence : provided, that such detention 
without a warrant shall not exceed twenty-four hours. 

Sect. 2. Whoever violates the provisions of chapter ninetj'-two of 
the acts of the year eighteen hundred and fifty-two, shall, in addition 
to the forfeitures therein provided, forfeit the seines or nets so used. 



INLAND FISHERIES. 339 

Sect. o. This act shall take effect upon its passage. — [May 10, 
1875. 

[1852, 66.] 
Resolve relative to tlie Fisheries on the North River and its Tributaries. 

1875, Res. 36. Resolved, That the commissioners of inland fish- 
eries are hereby required to make a full investigation into the con- 
dition of the fisheries on North River in Plymouth Count}', and its 
tributaries, and to recommend what legislation, if any, is necessary 
concerning the same, to the next general court. — [April 15, 1875. 

1876. 

An Act to preserve the Eel Fisheries in Jones River, in the Town of Kingston. 

1876, 32. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes, catches or destroys an}' eels in Jones River, in the town of 
Kingston, in the county of Plymouth, in any other manner than by 
spear or hook and line, shall forfeit for every eel so taken, not less 
than one dollar nor more than five dollars, one-half of said fine to be 
paid to the complainant. 

Sect. 2. All fines or penalties for violating this act, with costs, 
may be recovered in any court competent to try the same. 

Sect. 3. This act shall take effect upon its passage. — [March 7, 
1876. 

An Act to preserve the Eel Fisheries in Eel River in the Town of Plymouth. 

1876, 45. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes, catches or destroys any eels in P^el River in the town of Ply- 
mouth, in the county of Plymouth, in any other manner than by spear 
or hook and line, shall forfeit for every eel so taken not less than one 
dollar, nor more than five dollars, one-half of said fine to be paid to 
tlie complainant. 

Sect. 2. Whoever wilfully places any obstruction, or otherwise 
interferes with the free passage of eels in said river, shall forfeit a 
sum not less than fifty nor more than one hundred dollars for each 
oflTence. 

Sect. 3. All fines or penalties for violating this act, with costs, 
may be recovered in any court competent to try the same. 

Sect. 4. This act shall take effect upon its passage. — [March 13, 
1876. 

[1840, 24; 1841, 76; 1875, 180.] 
An Act to amend Chapter one hundred and eighty of the Acts of the year eighteen 
hundred and seventy-five, relative to the Seining of Fish in Hummocii Pond on the 
Island of Nantucket. 

1876, 49. Be it enacted, etc., as follows: Sect. 1. Chapter one 
hundred and eightv of the acts of the vear eighteen hundred and 



340 LAWS DELATING TO 

seventy-five is hereby amended, so as to allow the inhabitants of Nan- 
tucket to catch fish called alewives, or herring, with nets or seines, in 
the Hummock Pond in said Nantucket, south of the bridge, from 
March tenth to May thirty-first of each j'ear inclusive. All fish caught 
in seines or nets, excepting alewives or herring, shall be immediately 
put back into said Hummock Pond. Any person violating the provi- 
sions of this act shall, on conviction, pay a fine according to section 
two of said chapter. 

Sect. 2. This act shall take effect upon its passage. — [March 16, 
1876. 

[1866,238; 1869,422.] 

An Act concerning tbe obstructions to the passage of Fish in the tributaries of the Con- 
necticut and Merrimacit Rivers. 

1876, .50. Be it enacted, etc., as follows: Sect. 1. The provi- 
sions of chapter two hundred and thirty-eight of the acts of the j^ear 
eighteen hundred and sixt3'-six, and of chapter four hundred and 
twenty-two of the acts of the year eighteen hundred and sixty-nine, 
are herebj^ extended and shall apply to the tributaries of the Connecti- 
cut and Merrimack rivers within this Commonwealth. 

Sect. 2. This act shall take effect upon its passage. — [March 16, 
1876. 

An Act to authorize the Commissioners on Inland Fisheries to occupy Great Ponds for 
the cultivation and distribution of useful Fishes. 

1876,62. Beit enacted, etc., as follows : Sect. 1. The commis- 
sioners on inland fisheries, as such commissioners, are hereby author- 
ized to occupy, manage and control any great ponds within the limits 
of the Commonwealth, not exceeding six in number, and not then 
subject to lease from them, for the purpose of cultivating useful fishes 
and of distributing the same within the Commonwealth, subject to the 
restrictions and limitations contained in chapter three hundred and 
eightj^'-four of the acts of the year eighteen hundred and sixty-nine as 
to leased ponds. 

Sect. 2. Whenever said commissioners shall determine so to occupy 
and improve any such pond, the}' shall post a notice of such purpose 
in some public place in the town or towns in which said pond is 
located, and shall file a like notice in the office of the town clerk of 
said town or towns, and in the office of the secretary of state ; and 
the affidavit of any officer qualified to serve civil process that said 
notice has been posted shall be deemed full proof of the same. 

Sect, 3. From and after the time when said notice shall have been 
filed and posted as above, said commissioners shall have all the rights 
in respect to said pond as are secured to lessees of ponds from said 



INLAND FISHERIES. 341 

commissioners ; and any violation of any of said rights shall be sub- 
ject to the penalties imposed by section nineteen of said chapter. 
Sect. 4. This act shall take effect upon its passage. — [March 22, 

1876. 

[P. S. 91, §§ 17-19.] 

[1872, 229.] 
An Act to regulate the taking of Fish in North River, in the County of Plymouth. 
1876, 103. Be it enacted, etc., as follows : Sect. 1. No person 
shall fish with a net or seine in North River or any of its tributaries, 
in the county of Plymouth, nor in any manner take or catch any shad, 
salmon or alewives, until the first da}' of July in the year eighteen 
hundred and eighty-one, under the penalty of five dollars for each shad 
or alewife, and fifty dollars for every salmon so taken. 

Sect. 2. Any net or seine, together with any boat, craft or fishing 
apparatus used in violation of the provisions of this act, and all fish 
unlawfully captured as hereinbefore mentioned, shall be forfeited to 
the Commonwealth. 

Sect. 3. This act shall take effect on the first day of July in the 
year eighteen hundred and seventy-six. — [April 6, 1876. 

[1877,109; 1884, 199.] 

An Act requiring certain returns to the Commissioners on Inland Fisheries. 

1876, 104. Be it enacted, etc., as foUoivs: Sect. 1. The owner 
or owners of every pound, weir, or other similar fixed contrivance, or 
of any fishing pier, seine, drag or gill net used in any of the waters 
of this state for fishing purposes, shall make written report, under 
oath, to the commissioners on inland fisheries, on or before the first 
day of October in each year, specifying the number of each kind of 
edible fish caught by his or their respective pounds, weirs or other 
similar fixed contrivances, piers, seines, drag or gill nets, during the 
year next preceding the date of said report. 

Sect. 2. It shall be the duty of the commissioners on inland fish- 
eries to furnish each owner or proprietor of any pound, weir or similar 
fixed contrivance, pier, seine, drag or gill net, on or before the 
fifteenth day of March in each year, with suitable blank forms for the 
reports required by the preceding section, so arranged that each day's 
catch may be separately recorded thereon ; and in filling out such 
reports, such owner or proprietor shall give the results of each day's 
fishing so far as practicable ; and it shall be the duty of such owner 
or proprietor to apply to the commissioners on inland fisheries for 
such blank forms. 

Sect. 3. Whoever knowingly and wilfull}' violates any of the 
provisions of this act shall be punished by a fine of not less than ten 
nor more than one hundred dollars. 



342 LAWS EELATING TQ 

Sect. 4. This act shall take effect upon its passage. — [April 6, 

1876. 

[P. S. 91, s^§ 73-75.] 

[1838, 19; 1844, 65; 1860, 89; 1863, 117.] 
An Act in addition to an Act to regulate the Fishery in the Agawam and Half- Way 

Pond Rivers. 

1876, 161. Be it enacted, etc.^ as follows: Sect. 1. The com- 
mittee anniialh^ chosen b}' the towns of Plymouth and Wareham to 
make sale of the privileges of taking the fish called alewives and shad 
in the Agawam and Half- Way Pond rivers in the county of Plj'mouth, 
shall pay to each of the treasurers of said towns one-half part of the 
whole amount of the money received by them from such sales, and all 
promissor3' notes taken for said sales shall be made payable to each of 
said treasurers in the proportion aforesaid. 

Sect. 2. This act shall take effect upon its passage. — [April 21, 
1876. 

[1875, 71.] 
An Act to regulate the Fisheries in Taunton Great River and Nemasket River. 

1876, 208. Be it enacted, etc., as follows: Sect. 1. No shad or 
alewives shall be taken in any part of Taunton Great River or Ne- 
masket River between the hours of twelve o'clock in the night follow- 
ing Thursday of each week and four o'clock on Monda^^ morning 
succeeding, from the first day of March to the tenth day of June of 
each year, including both of said days. 

Section five of chapter four hundred and one of the acts of the year 
eighteen hundred and fifty-five, and chapter two hundred and fifty-eight 
of the acts of the year eighteen hundred and seventy-one, are herebj- 
repealed. 

Sect. 2. Not more than one seine shall be cast, set, swe[)t or used 
on said rivers, within the same limits or over the same ground and at 
the same fishing place or location, nor shall any seine be cast, set, 
swept or used within forty rods of any other seine. Any person vio- 
lating this section shall pay a fine of not less than fifty nor more than 
two hundred dollars, and whoever violates the provisions of the first 
section, shall be liable to the penalties and forfeitures provided in said 
chapter four hundred and one of the acts of the year eighteen hun- 
dred and fifty-five. 

Sect. 3. This act shall take effect on the first da}^ of July next. — 
[April 28, 1876. 



INLAND FISHERIES. 343 

1877. 

An Act to regulate the Fisheries in Lalie Quannapowitt, and in Saugus River and its 

tributaries. 

1877, l(i. Be it enacted, etc., as follows: Sect. 1. No person 
shall fish with a net or seine in Lake Quannapowitt, or in Saugus 
Iviver or its tributary streams in the counties of Middlesex and Essex, 
other than the one running from Flax Pond in the cit}' of L3'nn, nor 
in any manner take or catch any shad, salmon or alewives in said 
waters until the first da}' of Januar^'in the jear eighteen hundred and 
eighty-two, under the penalty of fifty cents for each alewife, one dol- 
lar for each shad, and ten dollars for each salmon so taken : provided, 
that the several fish committees of the towns of Wakefield and Sau- 
gus, or such person or persons as may be authorized by them, may 
take such fish as may be required to re-stock said river and its trib- 
utaries. 

Sect. 2. The several fish committees of the towns of Wakefield 
and Saugus, or any member or members of said committees may 
remove any and all nets, seines, weirs or other fishing apparatus, used 
in violation of the provisions of this act. 

Sect. 3. An}^ person who shall place or cause to be placed in the 
waters of Lake Quannapowitt or of the Saugus River or any of its 
tributaries, not herein exempted, or who shall cause to flow into said 
waters any substance whereby the fish therein may be destroyed or 
injured, or their passage hindered or obstructed, shall be punished by 
a fine not exceeding fifty dollars for each ofljence. 

Sect. 4. This act shall take eflTect upon its passage. — [Februar}' 
16, 1877. 

An Act to preserve the Eel Fisheries in Musquashuit Creek and its tributaries in the 
Towns of Scituate and Cohasset. 

1877,20. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes, catches or destro3'S any eels in Musquashuit Creek or its trib- 
utaries, in the towns of Scituate and Cohasset, in the counties of 
Pl3'mouth and Norfolk, in any other manner than by spear, or hook 
and line, shall forfeit for every eel so taken, not less than one dollar 
nor more than five dollars, one-half of said fine to be paid to the 
complainant. 

Sect. 2. Whoever wilfully places any obstruction, or otherwise 
interferes with the free passage of eels in said creek or tributaries, 
shall forfeit a sum not less than fift^^ nor more than one hundred dol- 
lars for each oflfence. 

Sect. 3. All fines or penalties for violating this act, with costs, 
may be recovered in any court competent to try the same. 



344 LAWS RELATING TO 

Sect. 4. This act shall take effect upon its passage. — [February 
21, 1877. 

An Act to preserve the Eel Fisheries in Herring River and its tributaries in the Town 

of Wellfleet. 

1877, 42. Bg -it enacted, etc., as foUoivs : Sect. 1. WhoeA^er 
takes, catches or destroys any eels in Herring River or its tributaries 
in the town of Welltleet, in the county of Barnstable, in any other 
manner than by spear or hook and line, shall forfeit for ever}' eel so 
taken not less than one dollar, nor more than five dollars ; one-half of 
said fine to be paid to the complainant. 

Sect. 2. Whoever wilfully places any obstruction or otherwise 
interferes with the free passage of eels in said river or its tributaries 
shall forfeit a sum not less than fift}^ nor more than one hundred 
dollars for each offence. 

Sect. 3. All fines or penalties for violating this act, with costs, 
may be recovered in any court competent to try the same. 

Sect. 4. This act shall take effect upon its passage. — [March 10 
1877. 

An Act concerning the taking of Eels in certain Waters in the Town of Mattapoisett. 

1877,60. Be it enacted, etc., as follows: Sect. 1. Whoever takes, 
catches or destroys any eels in Mattapoisett River or its tributaries, 
in the town of Mattapoisett in the count}^ of Plymouth, from the 
Bridge at Town Mills to Mattapoisett Harbor, or in Barlow's Pond or 
its tributaries, in said town, or in its outlet to the harbor, in any 
other manner than by spear or hook and line, shall forfeit for every 
eel so taken not less than one dollar nor more than five dollars ; one- 
half of said fine to be paid to the complainant. 

Sect. 2. All fines or penalties for violating this act, with costs, 
may be recovered in any court competent to try the same. 

Sect. 3. This act shall take effect upon its passage. — [March 19, 
1877. 

[1876, 103.] 
An Act to amend Chapter one hundred and three of the Acts of the year eighteen 
hundred and seventy-six, concerning the taking of Fish in North River in the County 
of Plymouth. 

1877,109. Beit enacted, etc., as follows: Sect. 1. Section one of 
chapter one hundred and three of the acts of the year eighteen hundred 
and seventy-six is hereby amended by striking out after the words 
"North River" in the second line the words, "or any of its tribu- 
taries." 

Sect. 2. This act shall take effect upon its passage. — [April 6, 
1877. 



INLAND FISHERIES. 345 

An Act to prohibit the Seining of Fish in Watuppa Pond in Fall River and Westport. 

1877, 110. Be it enacted etc., as folloivs : Sect. 1. No person 
shall set, draw or use an}' seine, net or trawl for the purpose of taking 
fish of aiiy kind in the AYatuppa Pond, or any inlet or outlet thereof 
in Fall River or Westport. 

Sect, 2. Any person violating this act, or buying, selling or hav- 
ing in possession an}- fish so taken, shall on conviction thereof pay 
a fine of not less than ten dollars nor more than fift}* dollars, with 
forfeiture of boats, nets and apparatus used in such taking, to be 
recovered before any court of competent jurisdiction ; one-half of said 
fine and forfeiture to be paid to the person making the complaint and 
the remainder to the Commonwealth. 

Sect. 3. This act shall take effect upon its passage. — [April 6, 
1877. 

An Act to amend an Act in relation to the Construction of Fish-weirs. 
1877, 119. Be it enacted, etc., as follows : Chapter fift}' of the 
acts of the year eighteen hundred and fift3'-six is hereby amended by 
adding the following section: Section 4. No person shall construct 
or maintain any fish-weir within the tide-waters of this Common- 
wealth unless authorized in the manner set forth in the first section 
of this act, or from any island within said tide-waters without author- 
ity in writing from the mayor and aldermen of every city, and the 
selectmen of every town, distant not over two miles from said island. 
Any person who shall construct or maintain any weir in violation of 
the provisions of this section shall forfeit the sum of ten dollars for 
each day he shall maintain such weir, to be recovered in any court of 
competent jurisdiction to the use of any cities or towns, from the 
mayor and aldermen or selectmen of which he ought to have obtained 
the authority aforesaid, and shall also be liable to be indicted there- 
for and to be enjoined therefrom. — [April 10, 1877. 

[P. S. 91, § 72.] 

[Sp. Laws, vol. 2, p. 285 ; 1817, 151.] 
An Act to regulate the taking of Fish in Monataquot River in the Town of Braintree. 

1877, 123. Be it enacted, etc., as follows : Sect. 1. The town of 
Braintree may, at any legal meeting called for that purpose, make 
regulations not inconsistent with the provisions of the general laws of 
the Commonwealth concerning the taking of alewives and shad in 
Monataquot River within said town, or concerning the disposal of the 
privilege of taking the same, for its own use and benefit. 

Sect. 2. Said town shall, at its annual meeting in March in the 
year eighteen hundred and seventy-eight and in each year thereafter, 
choose three discreet persons by ballot, whose duty it shall be to 



346 LAWS RELATING TO 

inspect said river, to cause the regulations respecting said fisliery to 
be carried into effect and to prosecute all violations thereof. 

Sect. 3. No persons shall in any way take or catch any shad or 
alewives in said river until the first day of March in the year eighteen 
hundred and seventy-eight. 

Sect. 4, Whoever takes from said river any of said fish in viola- 
tion of the provisions of this act, or of said regulations, shall forfeit 
for each fish so taken not more than ten dollars nor less than one 
dollar, one-half of said penalty to be paid to the complainant and the 
other half to said town. 

Sect. .5. Chapter one hundred and flftx'-one of the acts of the 
year eighteen hundred and seventeen is hereby repealed. 

Sect. 6.- This act shall take effect upon its passage. — [April 10, 
1877. 

An Act to regulate the Fisheries in the Weweantit River and its Tributaries, and for 
stocliing the same with Shad and Alewives. 

1877,141. Be it enacted^ etc. ^ as follows: Sect. 1. No person 
shall take or catch an}' shad or alewives in the Weweantit River or its 
tributaries in Plymouth Count}^ for a period of five years from the 
passage of this act, under a penalty of five dollars for each and every 
shad taken, and fifty cents for each and every alewife taken in viola- 
tion of this act, and forfeiture of all boats, seines, nets or other appa- 
ratus for taking said fish, used in violation of the provisions of this 
act : provided, however., that the several fish committees of the towns of 
AVareham, Rochester and Carver, chosen annually, shall have the right 
to take or catch said fish in suflflcient numbers for the purpose of 
assisting in the stocking of said river and its ponds and tributaries, 
and for no other purpose whatever. 

Sect. 2. The provisions of law now in force, b}' which the fish 
committees of the towns of Wareham, Rochester and Carver are 
obliged annually in the month of March to give notice to the town 
clerks and to sell at public vendue the right to take and catch alewives 
at certain times and at certain places, each year, in the Weweantit 
River, are hereby suspended for the period of five years from the 
passage of this act. 

Sect. 3. Any person or persons, company or corporation who 
shall cause or permit any saw-dust or other obstruction to the free 
passage of the said fish, or any drugs, dye-stuffs, acids, alkalies or 
any other substance destructive of the life of shad or alewives, to be 
deposited in or flo^ into said river or its tributaries at any time of the 
year, shall pa}' a fine of twenty-five dollars for each and every offence 
so committed. 



INLAND FISHERIES. 347 

Sect. 4. This act shall take eflfect upon its passage. — [April 20, 

1877. 



An Act in addition to an Act for encouraging the Cultivation of Useful Fishes. 

1877, 180. Be it enacted^ etc., as follows: Sect. 1. In all cases 
where the commissioners on inland fisheries have leased or shall here- 
after lease any great ponds in this Commonwealth for the cultivation 
of useful fishes, the said commissioners may fix the limits of such 
great ponds, and determine what arms, coves or bays of the same 
shall be regarded as part of said great ponds ; and the limits of said 
great ponds, so fixed and determined by said commissioners, and 
recorded in the registr}' of deeds for the county where such ponds lie, 
shall be taken to be the legal limits of said great ponds for all the 
l)urposes of such case. The expense of fixing and recording such 
limits shall be paid by the lessees. 

Sect. 2. This act shall take effect upon its passage. — [Maj- 4, 

1877. 

[P. S. 91, 5 15.] 

1878. 

[1872, 190.] 
An Ac I to amend Cbupter one hundred and ninety of the Acts of the year eighteen 
hundred and seventy-two, relating to the Alewife and other Fisheries in the Towns of 
Bridgewater, West Bridgewater, East Bridgewater and Halifax. 

1878, 32. Be it enacted, etc., as follows: Sect. 1. Section three 
of chapter one hundred and ninet}- of the acts of the year eighteen 
hundred and seventy-two is hereby amended by adding after the -word 
" flow," at the end of said section, the following words: — "And it 
shall be lawful for said towns to agree upon and take said fish at one 
common fishing place for all of said towns, upon either of said rivers 
or their tributaries, within their limits or upon that portion of the 
Taunton River within the limits of the town of Bridgewater ; to regu- 
late the taking of said fish under the direction of said commissioners, 
and to determine the manner in which the exi)ense attending such 
common fishing shall be apportioned between them, and to make all 
necessary appropriations therefor." 

Sect. 2. This act shall take effect upon its passage. — [March 2, 
1878. 

An Act concerning Shell Fish on the shores and flats of Thompson's Island. 
1878, 78. Be it enacted, etc., as follozus: Sect. 1. Whoever 
takes any shell fish from the shores or fiats of Thompson's Island in 
Boston Harbor without the permit of the managers of the Boston 
Asylum and Farm School for Indigent Boys, or the chief of the police 
of the city of Boston, shall for every offence pay a fine of not less 
than five dollars nor more than ten dollars, and costs of prosecution ; 



348 LAWS EELATING TO 

said fine to be recovered by complaint before the municipal court of 
the city of Boston. 

Sect. 2. Any constable or police officer of the city of Boston may 
without a warrant arrest any })erson whom he finds in the act of taking 
shell fish in violation of the provisions of the preceding section of this 
act, or in the act of carrying away shell fish so taken, and detain him 
in some place of safe keeping until a warrant can be procured against 
such person upon a complaint for said off'ence : provided, that such 
detention shall not exceed twenty-four hours. — [March 23, 1878. 

[1869, 384.] 

An Act to amend Chapter three hundred and eighty-four of the Acts of the year 

eighteen hundred and sixty-nine concerning the Cultivation of Fishes. 

1878, 172. Be it enacted, etc., as follows: Sect. 1. Whoever 
uses an}' sweep seine in the waters of the Connecticut, Westfield, 
Deerfield, Miller's, Merrimack, Nashua, or Ilousatonic rivers, or their 
tributaries, having a mesh which stretches less than five inches, shall 
forfeit for the first ofl!'ence twenty-five dollars, and for every subse- 
quent oflfence fifty dollars ; and in each case shall also forfeit the 
apparatus thus unlawfully used, and the fish captured. 

Sect. 2. Section twentj'-one of chapter three hundred and eighty- 
four of the acts of the 3- ear eighteen hundred and sixty-nine is hereby 
repealed. 

Sect. 3, This act shall take effect on the first day of December 

next. — [April 23, 1878. 

[P. S. 91, § 39.] 

An Act for the better protection of the Oyster Fisheries in this Commonwealth. 

1878, 179. Be it enacted, etc., as follows: Sect. 1. No person 
shall dig, take or carry away any oysters by any method whatever, 
from any flats or creeks, for which a license has been granted under 
the provisions of section sixteen of chapter eight3'-three of the General 
Statutes, between sunset and sunrise. Any person holding a license 
under the provisions of said section who shall violate the foregoing 
provisions, shall upon conviction thereof, in addition to the penalties 
hereinafter provided, forfeit his license together with the oysters re- 
maining on the premises licensed, to the town or city granting the 
same. 

Sect. 2. Anj- person who shall violate any of the provisions of 
this act, and an^- person who digs or takes am' oysters from any flats 
or creeks described in anj- license granted under the provisions of sec- 
tion sixteen of chapter eighty-three of the General Statutes, during 
the continuance of such license, without the consent of the person so 
licensed, shall be punished by a fine not more than one hundred dollars, 
or imprisonment in the house of correction not less than thirty days 



INLAND FISHERIES. 349 

nor more than six months, or by both said fine and imprisonment. One 
half of said fine shall be paid to the complainant and the other to the 
county within whose jurisdiction the oflTeuce was committed. 

Sect. 3. This act shall take eflTect on the first day of June next. 
— [April 24, 1878. 

[P. S. 91, §§ 100, 101.] 

[Sp. Laws, vol. 1, p. 191.] 

An Act to preserve the Eel Fisheries in Ipswich River and its Tribntaries in the Town 

of Ipswich. 

1878, 202. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes, catches or destroys any eels in Ipswich River or its tributaries, 
in the town of Ipswich in the county of Essex, in any other manner 
than by spear, or hook and line, shall forfeit for eveiy eel so taken, 
caught or destroyed, not less than one dollar nor more than five dol- 
lars ; one-half of said fine to be paid to the complainant. 

Sect. 2. All fines or penalties for violating this act, with costs, 
may be recovered by complaint or action of tort in an}^ court of com- 
petent jurisdiction. 

Sect. 3. This act shall take eflfect upon its passage. — [April 29, 
1878. 

[Sp. Laws, vol. 1, p. 296 ; 1874, 144.] 
An Act to further regulate fishing in the Connecticut River. 

1878,224. Be it enacted, etc., as follows : Sect. 1. Section three 
of chapter one hundred and fort^'-four of the acts of the year eigh- 
teen hundred and sevent3'-four, is hereby amended by striking out the 
word " four," where it first occurs in said section, and inserting in 
lieu thereof the word " two." 

Sect. 2. Whoever takes or catches any fish beyond two hundred 
yards and within four hundred yards of anj^ fish-way now built, or 
hereafter to be built on the Connecticut River or its tributaries lying 
within this Commonwealth in any other manner than by naturally or 
artificially baited hooks and line, shall forfeit for each fish so taken or 
caught the sura of twenty-five dollars. 

Sect. 3. The limitation of time for catching black bass in the 
Connecticut River or its tributaries, in this state, shall hereafter be 
the same as that now fixed, or which shall hereafter be prescribed by 
the legislature of Connecticut for taking black bass in said river in 
that state. 

Sect. 4. This act shall take effect upon its passage. — [Ma}' 3, 

1878. 

[P. S. 91, §i 34, 56.] 



350 LAWS RELATING TO 

1879. 

An Act to establish an Alewife Fishery in Easthani. 

1879, 45. Be it enacted, etc., us folloios : Sect. 1. The town of 
Eastham is hereby authorized to make the necessary improvements 
for the preservation and taking of alewives in the Great Pond, so 
called, in the town of Eastham and the waters connected therewith 
and the outlet therefrom to the sea, and may take land and do all 
acts necessary for the purpose of establishing, protecting and regulat- 
ing an alewife fishery in said waters. 

Sect. 2. The said town of Eastham shall be liable to pay all 
damages that shall be sustained in any way b}' any persons in their 
property, in carrying into effect this act. If any person sustaining 
damage as aforesaid, shall not agree with the selectmen of the town 
upon the amount of damage to be paid therefor, he may have his 
damage assessed and paid in the manner provided by law in respect 
to land taken for highways. 

Sect. 3. An}- fishery so created shall be deemed to be the property 
of said town of Eastham, and said town may make any proper regula- 
tions concerning the same, and may lease such fishery for a period 
not exceeding five years, upon snch terms as ma^^ be agreed upon 
between said town and the lessees of the same. 

Sect. 4. No persons without the permission of said town or of 
the lessees of said fishery shall take, kill or haul on shore any alewives 
in the fishery so created by the town. 

Sect. 5. Whoever violates an^^ of the provisions of this act or any 
of the regulations of the town regarding said fishery shall forfeit and 
pay a sum not less than five nor more than fifty dollars for each 
offence, to be recovered b}' prosecution before an}' court in the count}' 
of Barnstable competent to try the same. Said forfeiture shall 
accrue to the benefit of the inhabitants of the town. 

Sect. 6. All prosecutions under the preceding section shall be in- 
stituted within thirty days from the time the offence was committed. 

Sect. 7. This act shall take effect upon its passage. — [February 
21, 1879. 

[Sp. Laws, vol. 1, p. 269; 1872, 229.] 
An Act to protect tlie Eel Fisheries in North River and its Tributaries in tlie County 

of Flymonth. 

1879, 47. Be it enacted^ etc., as follows: Sect. 1. Whoever 
takes, catches or destroys any eels in North River or its tributaries, 
in the county of Plymouth, in any other manner than by spear, or 
hook and line, shall forfeit for every eel so taken, caught or destroyed, 
not less than one dollar nor more than five dollars ; a half of said fine 
to be paid to the complainant. 



INLAND FISHERIES. 351 

Skct. 2. Whoever wilfully places any obstruction, or otherwise 
interferes with the free passage of eels in said river or its tributaries, 
shall forfeit a sum not less than fifty nor more than one hundred dol- 
lars for each offence. 

Sect. 3. All fines or penalties for violating this act, with costs, 
may be recovered by complaint or action of tort in any court of com- 
petent jurisdiction. 

Sect. 4. This act shall take effect upon its passage. — [February 
21, 1879. 

[Sp. Laws, vol. 3, p. 98.] 

An Act to amend Chapter forty of the Acts of the year eighteen hundred and three 

relative to the privilege of taking certain Fish in Mystic River in Medford. 

1879,65. Be it enacted, etc., as follows : Sect. 1. Section three 
of chapter fortj' of the acts of the year eighteen hundred and three is 
hereby amended by striking out the word " freeholders," in the third 
line of said section, and inserting in place thereof the word "inhabi- 
tants." 

Sect. 2. This act shall take effect upon its passage. — [February 
27, 1879. 

[Sp. Laws, vol. 1, p. 422, 1855, 401.] 
An Act for the better protection of the Shad and Alewife Fishery in Taunton Great 

River. 

1879,83. Be it enacted, etc., as follows: Any person who shall 
wilfully drive or stick any stake in or upon any fishing ground or 
privilege dul}^ located in Taunton Great River, or who shall, by 
throwing into the waters thereof any substance or thing, or in an}^ 
other manner, prevent, obstruct or impede any purchaser or pur- 
chasers of such ground or privilege or their agents from seining or 
fishing thereon at such time and manner as provided by law, shall 
for each otTence be punished by a fine not exceeding ten dollars. — 
[February 28, 1879. 

An Act to amend Chapter eighty-three of the General Statutes regulating the taking 

of Shell-fish. 

1879, 105. Be it enacted, etc., as folloios: Section twelve of 
chapter eighty-three of the General Statutes is hereby amended bj- 
adding thereto at the end thereof after the word " annually," the 
words' "not exceeding in any week the quantity of two bushels 
including shells." — [March 12, 1879. 

[P. S. 91, § 94.] 

An Act regulating the taking of Perch in the town of Plymouth. 
1879, 110. Be it enacted, etc., as follows: Sect. 1, Whoever 
takes or catclies an}' white or red perch, except with naturally or 



352 LAWS RELATING TO 

artificially baited hooks and lines, in any of the ponds or streams 
within the limits of the town of Plj'mouth, shall for each offence for- 
feit not less than two nor more than twenty dollars. 

Sect. 2. This act shall take effect upon its passage. — [March 
12, 1879. 

An Act for the protection of the Fisheries of Mill River and its Tributaries in the town 

of Essex. 

1879, 119. Be it enacted, etc., as follows: Sect. 1. The owners 
and proprietors of dams on Mill River or Brook, in the town of Essex, 
are hereby required to erect and maintain fishways over or around 
said dams, and they shall be subject to all the powers given to the 
commissioners on inland fisheries under the laws of the Common- 
wealth. 

Sect. 2. No person shall take, catch, or cause to be taken or 
caught, b}^ any me-ans Whatsoever, in said river or its tributaries, or 
the ponds and connecting streams out of which said river and trib- 
utaries flow, any of the fish called alewives or shad, nor an}' land- 
locked salmon in said ponds and connecting streams, until the first 
da}' of May in the year eighteen hundred and eighty-four. 

Sect. 3. The inhabitants of the town of Essex may make all 
proper regulations concerning said fisheries in said Mill River and its 
tributaries, within said town of Essex, provided they do not conflict 
with the general laws relating to inland fisheries. 

Sect. 4. Any person offending against any of the provisions of 
this act shall forfeit for each offence a sum not less than five nor 
more than thirty dollars, and shall be subject to all further penalties 
in such cases as is bylaw made and provided. — [March 13, 1879. 

An Act for the protection of the Eel Fisheries in the town of Edgartown. 

1879, 122. Be it enacted, etc., as follows : Sect. 1. Whoever 
takes, catches, or destroys any eels in an}- of the ponds or streams 
within the town of Edgartown in any other manner than by pots, 
spear, hand net, or hook and line, shall forfeit for every eel so taken, 
caught or destroyed, not less than one dollar nor more than five dol- 
lars ; a half of said fine to be paid to the complainant. 

Sect. 2. All fines and penalties for violating this act, with costs, 
may be recovered, by complaint or action of tort, in any court of com- 
petent jurisdiction. 

Sect. 3. This act shall take effect upon its passage. — [March 20, 
1879. 

An Act for the better protection of the Fishery of the Nine Mile Pond Fishing Company. 

1879, 137. Be it enacted, etc., as follows: Sect. 1. Whoever 

takes or catches any alewives in Centreville River, so called, in the 



INLAND FISHERIES. 353 

town of Barnstable, between that part of said river where the mouth 
of the canal of the Nine Mile Pond Fishing Company opens into the 
same, and a point fifteen rods above said mouth, shall forfeit and pay 
a fine of not less than live, nor more than fifty dollars for each offence. 

Sect. 2. Nothing herein contained shall be construed to authorize 
the taking of alewives by an}' person between said mouth of said canal 
and tide water. 

Sect. 3. This act shall take effect upon its passage. — [March 21, 
1879. 

An Act to amend chapter forty-nine of the General Statutes, relating to the Inspection 

and Packing of Fish. 

1879, 171. Be it enacted, etc., as follows: Sect. 1. Section 
thirty-six of chapter forty-nine of the General Statutes is hereby 
amended by striking out all after the words " in half barrels contain- 
ing each one hundred pounds " in the ninth and tenth lines and before 
the words "every cask" in the thirteenth line, and inserting the fol- 
lowing words : " or in packages containing each less than one hundred 
pounds, on which the number of pounds therein shall be plainl}" and 
legibly branded." 

Sect. 2. Section forty-seven of said chapter is hereby amended by 
adding after the words "half barrel" the words "and all packages 
less than one hundred pounds or more than fifty pounds, one-half 
cent, and on all packages of fifty pounds and less, one quarter of a 
cent each." 

Sect. 3. The inspector-general of fish or some one deputy espe- 
cially thereto authorized bj^him for that purpose, shall have the right 
to enter at all reasonable times, upon any wharf, and into any store, 
warehouse or other place, where the packing of pickled fish is carried 
on in this state, for the purpose of inspecting, examining and super- 
vising the packing and inspecting of such fish, and to examine and 
weigh an}' packages of such fish, for the purpose of ascertaining if the 
same are fit for exportation, in accordance with the requirements of 
the law. 

Sect. 4. Sections forty and forty-one of said chapter are hereby 
repealed. 

Sect. o. This act shall take effect upon its passage. — [April 1, 

1879. 

[P. S. 56, ^ 25.] 

Resolves concerning the Fishery Clauses of the Treaty of Washington. 

1879, Res. 11. Resolved, That justice to the fishermen and to the 

fishing interests of the country requires that articles eighteen and 

twenty-one of the treaty concluded between the United States and 

the government of Great Britain on the eighth day of May, A. D. 



354 LAWS RELATING TO 

eighteen hundred seventy-one, should be terminated at the earliest 
possible period. 

Besolved, That a cop}' hereof be sent to each of our Senators and 
Representatives in Congress. — [February 27, 1879. 

1880. 

An Act to regulate Fishing in certain waters by Fish Pounds and other fixed apparatus. 

1880,61. Beit enacted^ etc., as follows : Sect. 1. From the first 
day of May to the fifteenth day of June in each j^ear no person 
shall set, or permit to remain set, any fish pound, weir, trap, f3'ke or 
other similar fixed apparatus for catching fish, except gill nets, 
between the hours of six o'clock on Saturday morning and six o'clock 
on the succeeding Sunday evening, so as to catch any fish, in the 
tidal waters of the county of Dukes County and of the count}' of 
Bristol and of the towns of Mattapoisett, Marion and Wareham in 
the county of Plymouth, and in the tidal waters on the westerly boun- 
daries of the towns of Sandwich and Falmouth at and near Buzzard's 
Bay_. and on that portion of the southerly boundary of the count}' of 
Barnstable extending from the south-westerly corner of the tovrn of 
Falmouth easterly to Point Gammon in the town of Yarmouth. 

Sect. 2. Whoever by himself or by his servants or agents, or as 
the servant or agent of another, violates any of the provisions of this 
act, shall be punished by a fine of not more than two hundred dollars 
nor less than one hundred dollars. 

Sect. 3. One-half of the penalty paid on conviction shall be for 
the use of the person commencing the prosecution whether by com- 
plaint or indictment. 

Sect. 4. All prosecutions under this act shall be commenced 
within three months after the offence committed and not afterwards. 

Sect. 5. The provisions of this act shall not be construed so as to 
permit fishing with such fixed apparatus where it is now forbidden by 
law. — [March 5, 1880. 

[P. S. 91, §§ 76-78, 104.] 

An Act to regulate the Taking of Salmon in this Commonwealth. 
1880, 68. Be it enacted, etc., as follows : Sect. 1. Whoever takes 
or catches any salmon in any of the waters of this Commonwealth for 
a period of two years from and after the first day of April in the year 
eighteen hundred and eighty shall be punished for each offence by a 
fine of not less than fifty nor more than two hundred dollars, or by 
imprisonment in the House of Correction not less than two nor more 
than six months : provided, that any one catching salmon when law- 
fully fishing, and immediately returning them alive to the waters 
whence taken, shall not be subject to the penalty provided in this 
section. 



INLAND FISHERIES. 355 

Sect, 2. Except as provided in the last clause of the preceding 
section, whoever takes or catches any salmon at any time in any of 
the waters of this Commonwealth, except with naturally or artificially 
liaited hook and hand line, shall be punished, for each fish so taken or 
caught, by a fine of not less than fifty nor more than two hundred 
dollars. — [March 8, 1880. 

[P. S. 91, ^ij 45, 4C.] 

An Act relating to Salmon Trout. 

1880,86. Be it enacted^ etc., as foUotvs : Sect. 1. The provi- 
sions of chapter two hundred and twent^'-one of the acts of the year 
eighteen hundred and seventy-six shall not appl^' to the species of fish 
known as salmon trout, provided the same have not ])een taken in an}' 
of the waters of this Commonwealth. 

Sect. 2. This act shall take eflfect upon its passage. — [March 1 1 , 

1880. 

[P. S. 91, § 53.] 

[1875, 115.] 

An Act to repeal section one of Chapter one hundred and fifteen of the Acts of the year 
eighteen hundred and seventy-five relating to the Leasing of Great Ponds in the 
county of Dulces County. 

1880,89. Be it enacted, etc., as follows: Sect. 1. Section one 
of chapter one hundred and fifteen of the acts of the year eighteen 
hundred and seventj'-five relating to the leasing of great ponds in the 
county of Dukes County is hereby repealed. 

Sect. 2. This act shall take eflTect upon its passage. — [March 12, 
1880. 

[P. S. 91, ^ 12.] 



[1815, 83 ; 1849, 37.] 

An Act to authorize the towns of Dennis and Yarmouth to regulate the Salmon and 
Trout Fishery in Bass River. 

1880, 122. Be it enacted, etc., as follows: Sect. 1. Section one 
of chapter thirty-seven of the acts of the year eighteen hundred and 
forty-nine, entitled " An Act to authorize the towns of Dennis and Yar- 
mouth to regulate the fisheries in Bass River," is hereby amended 
by inserting after the words " herrings or alewives and perch," the 
words " salmon and trout ;" and after the words " Bass River," the 
words "at the mouth thereof;" and section four of said chapter is 
hereby amended by inserting after the words " herrings, alewives or 
perch," the words "or salmon or trout," and by striking out of the 
last line of said section four the word " twenty," and insertino- in lieu 
thereof the word "forty." 

Sect. 2. This act shall take eflfect upon its passage. — [March 19, 
1880. 



356 LAWS RELATING TO 

An Act to authorize the Selectmen of Towns and the Boards of Mayor and Aldermen 
of Cities in the Commonwealth to control certain Fisheries within said towns and 
cities. 

1880,200. Beit enacted, etc., as follows: Sect. 1. The select- 
men of all towns and the board of mayor and aldermen of cities 
within the Commonwealth shall have fall power when so instructed 
b}' said towns and cities to control and regulate the taking of eels, 
clams, quahaugs and scallops within their respective towns and 
cities, including ponds which are now or maj' hereafter he leased b}' 
the fish commissioners under chapter three hundred and eight^'-four of 
the acts of the year eighteen hundred and sixty-nine ; and may grant 
permits prescribing the times and methods of taking eels and the shell 
fish above named within their said towns and cities, and may make 
such other regulations in regard to said fisheries as they may deem 
wise and expedient. But the inhabitants of an}- cit}^ or town, with- 
out such permit, may take from the waters of their own or other cities 
and towns, eels and the shell fish above named for their own family 
use ; and from the waters of their own towns the}' make take any of 
the shell fish above named for bait, not exceeding three bushels, 
including shells, in any one day, but subject nevertheless to the gen- 
eral rules prescribed by the selectmen of towns and the boards of 
mayor and aldermen in cities as to the times and methods of taking 
said fish. 

Sect. 2. Whoever takes any eels or any of the shell fish men- 
tioned in the preceding section without such permit, and in violation 
of this act, shall on conviction pay a fine of not less than three 
nor more than fifty dollars and costs of prosecution ; said fine and 
forfeiture imposed under this act to be recovered by indictment or 
complaint before an}' trial justice or an}^ court of competent jurisdic- 
tion within either of said counties. 

Sect. 3. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

Sect. 4. This act shall take effect upon its passage. — [April 17, 
1880. 

[P. S. 91, ^§ 68, 69.] 

1881. 

An Act to amend section one of Chapter one hundred and four of the Acts of the year 
eighteen hundred and seventy-six, relating to certain Returns to the Commissioners 
on Inland Fisheries. 

1881,28. Be it enacted, etc., as follows: Sect. 1. Section one 
of chapter one hundred and four of the acts of the year eighteen 
hundred and seventy-six, is hereby amended by striking out the 
word " first," before the word " day," in the sixth line in said section, 
and inserting the word " twentieth." 



INLAND FISHERIES. 357 

Sect. 2. This act shall take effect upon its passage. — [February 

23, 1881. 

[P. S. 91, § 73.] 

[1860, 91.] 
An Act to amend " An Act to incorporate the Nine-Mile Pond Fishing Company." 

1881, 32. Be it enacted, etc., as follows: Sect. 1. Chapter 
ninety-one of the acts of the year one thousand eight hundred and 
sixty, entitled " An Act to incorporate the Nine-Mile Pond Fishing 
Company," is amended in the sixth line of section two by inserting 
after the word "outlet," the words "or the stream leading from said 
outlet to the sea." 

Sect. 2. The rights of riparian owners shall not be affected by 
this act. 

Sect. 3. This act shall take effect upon its passage. — [Februarj^ 
23, 1881. 

[1872, 229 ; 1876, 103.] 
An Act to regulate the taking of Fish in North River in the County of Plymouth. 

1881,44. Be it enacted, etc., as follows : Sect. 1. The inhabi- 
tants of the town of Pembroke are hereb}" permitted to take fish at 
the weir where they have usually caught them, on the North River, so 
called, or stream leading to the Indian Ponds, so called, in said town, 
on any secular day of the week, and at any hour of the da}', and at 
no other time. 

Sect. 2. No person or persons shall take fish from the stream 
leading from said North River to the said Indian Ponds, or streams 
tributary to the North River, excepting at the weir above mentioned, 
at any time between the tenth day of April and the fifteenth day 
of May inclusive, of each year. 

Sect. 3. The selectmen or committee for the time being, of the 
town of Pembroke, shall, from the first running of alewives, after the 
tenth day of April in each year, take and deposit alive, in good con- 
dition, in Indian Ponds in said Pembroke, not less than ten thousand 
alewives, so the}' ma}' cast their spawn in said ponds ; and the expense 
of the same shall be borne in equal shares by the towns of Pembroke, 
Marshfield, Scituate and South Scituate, and said towns are hereby 
permitted to raise money for the same. 

Sect. 4. It shall be lawful for the inhabitants of the several 
towns on North River to take fish on Mondays, Wednesdays and 
Fridays of each week, from April first to June first inclusive, of each 
year, with ten seines only in the manner following, to wit : The towns 
of South Scituate, Scituate and Pembroke shall each have the right 
of disposing at public auction for their own benefit, of the privilege 
of catching fish with two seines only, and the town of Marshfield the 



358 LAWS RELATING TO 

right of disposing at public auction for their own benefit, of the priv- 
ilege of catching fish witli four seines only, in the river aforesaid. 

Sect. 5. It shall be lawful for the inhabitants of the town of 
Hanson to take fish from Indian Head River on Mondays, Wednes- 
days and Fridays of each week, from April first to June first inclusive, 
of each year : provided, said inhabitants shall not be allowed to take 
fish at any time from said Indian Head River within eighty rods of 
the mouth of said river. 

Sect. 6. Any person or persons who may by seine or mesh net take 
fish from the said North River, except such persons as have authority 
under this act, shall be punished for each offence by a fine not less than 
twenty-five nor more than one hundred dollars, or by imprisonment in 
the house of correction not less than one nor more than three months. 

Sect. 7. Chapter two hundred and twenty-nine of the acts of 
the year eighteen hundred and seventy -two, and all other acts and 
parts of acts inconsistent with this act, are hereby repealed. 

Sect. 8. This act shall take efiiect upon its passage. — [March 2, 

1881. 

[1883, 76; 1886, 163.] 

[1842, 75.] 

An Act to amend the " Act to incorporate the Long Pond Fishing Company in Yar- 
mouth." 

1881.46. Be it enacted, etc., as follows : Sect. 1. The act to 
incorporate the Long Pond Fishing Company in Yarmouth, being 
chai)ter seventy-five of the acts of the yeav eighteen hundred and 
forty-two, is hereby amend'ed as follows: — In the first section, 
seventh line, after the word, •' alewive," insert the words " and white 
perch." In the second section, second line, after the word " ale- 
wives," insert the words "or white perch ;" after the word " ponds," 
in the third line of said section, insert the words " or Parker's River ; " 
after the words "so made," in said line, the words "or within five 
hundred yards from the mouth of said river ; " and in the fifth line of 
said section, strike out the word " two," and insert in lieu thereof the 
word " twenty ; " and in the eighth line of said section, strike out the 
word "five," and insert the word " fifty." 

Sect. 2. The right of riparian owners shall not be affected by 
this act. 

Sect. 3. This act shall take eflfect upon its passage. — [March 2, 
1881. 

[Sp. Laws, vol. 1, p. 296.] 
An Act to amend the law regulating Fishing in Connecticut River and its tributaries. 

1881.47. Be it enacted, etc., as follows : Sect. 1. Any person 
who shall take or aid or assist in taking from the Connecticut River 



INLAND FISHERIES. 359 

or any of its tributaries, within tlie limits of this Commonwealth, any 
shad or alewives at any other time than between the fifteenth day of 
March and the first day of July in each year, shall forfeit and pay 
for each oflence the sum of one hundred dollars. 

Sect. 2. Section three of chapter sevent3^-six of the acts of the 
year eighteen hundred and sixty-nine is hereby amended by striking 
out the words " fifteenth day of June in each^'ear, the meshes whereof 
are less than five," in the eighteenth and nineteenth lines, and insert- 
ing the words " first day of July in each year, the meshes whereof 
are less than two," in place thereof. 

Sect. 3. Chapter three hundred and sixt3'-nine of the acts of the 
year eighteen hundred and seventy, and all acts and parts of acts 
inconsistent with this act, are hereby repealed. 

Sect. 4. This act shall take effect upon its passage. — [March 
2, 1881. 

[P. S. 91, §§ 32, 40.] 

An Act authorizing the ditching of South Beach in Edgartown, adjacent to Great Pond, 
and relative to the Fislieries in said pond. 

1881, 75. Be it enacted, etc., as folloivs : Sect. 1. The lessees 
holding from the commissioners of inland fisheries a lease of Great 
Pond and Job's Neck Pond in the town of Edgartown, ma}^, with the 
permission of the owners of the land, cut through the beach known as 
the South Beach, lying between the waters of Great Pond and the 
ocean, and maintain ditches and dams to regulate the flow of water 
between said pond and the ocean. 

Sect. 2. Commissioners may be appointed, who shall be disinter- 
ested persons, in accordance with the proAdsions of section three of 
chapter one hundred and forty-eight of the General Statutes, who 
shall have all the powers conferred by said chapter and the acts in 
amendment thereof and in addition thereto, during and after the ter- 
mination of said lease, notwithstanding any previous right of fishery. 
Said commissioners may direct and control the opening and closing of 
the channel across said beach, and the exercise of all rights conferred 
by the preceding section of this act. 

Sect. 3. Said lessees shall have the right of fishery in said Great 
Pond according to the terms of their lease, under the laws limiting 
and defining the rights of such lessees, notwithstanding any statutes 
heretofore in force specially regulating the fisheries in said pond. 

Sect. 4. This act shall take eflfect upon its passage. — [March 8, 
1881. 



360 LAWS RELATING TO 

[Sp. Laws, vol. 1, pp. 272, 296.] 
An Act relative to the taking of Fish ft'om the Merrimack and Connecticut Rivers and 

their tributaries. 

1881,103. Be it enacted, etc., as follows: Sect. 1. Nothing in 
the provisions of chapter two hundred of the acts of the year eighteen 
hundred and eighty shall be construed as giving authority to take or 
catch fish of any kind within four hundred 3^ards of any fishway on 
the Merrimack River or its tributaries, or within two hundred yards of 
any fishway on the Connecticut River or its tributaries, lying within 
this Commonwealth. 

Sect. 2. This act shall take effect upon its passage. — [March 17, 

1881. 

[P. S. 91, § 68.] 

[Sp. Laws, vol. 1, p. 272.] 
An Act to regulate Fishing in the Merrimack River. 

1881, 104. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes or catches an}' shad or alewives in any part of the Merrimack 
Ri\^r, or its tributaries, lying within this Commonwealth, except 
between sunrise on Monday morning and sunrise on Frklay morning, 
of each week, from the first day of March to the last day of May, 
inclusive, in each year, shall forfeit for each ale wife so taken a sum 
not less than one dollar nor more than five dollars, and for each shad 
so taken a sum not less than five nor more than twenty' dollars. 

Sect. 2. Whoever uses a net of any kind or description in the 
waters of the Merrimack River, or its tributaries, lying within this 
Commonwealth, from the first da}' of June in each year to the last day 
of February in the year next succeeding, inclusive, shall forfeit for 
each offence the sum of twenty-five dollars. 

Sect. 3. Section one of chapter one hundred and forty-four of the 
acts of the year eighteen hundred and seventy-four is hereby repealed. 

Sect. 4. This act shall take effect upon its passage. — [March 17, 

1881. 

[P. S. 91, §§ 33, 36.] 

An Act to incorporate the Sesuet Cranberry Company. 

1881,301. Be it enacted, etc., as folloivs : * * * * 

Sect. 3. Said corporation shall provide, for the passage of the 

fish of the Flax Pond Fishing Compau}', a fishway to be constructed 

and regulated as the commissioners of inland fisheries may direct. — 

[May 13, 1881. 

[Accepted May 27, 1881.] 



INLAND FISHERIES. 



361 



Section 

1. Laws relating to inland fisheries. 

2. CommiBsioners, how appointed, etc. 

3. Each commissioner may enforce the laws, 
etc. 

4. Commissioners may examine dams and 
fishways, presci'ibe changes, elc. 

5. shall give notice to certain owners, how. 
t>. Penalty for not keeping fishway open at 

prescribed times. 

7. Commissioners may build or alter tish- 
ways, etc. 

8. Compensation to owner of land taken. 

9. Commissioners may enter on land, etc. 

10. Riparian owners of small ponds to have 
exclusive fishery. 

11. Great ponds public. 

12. Commissioners may lease great ponds. 

13. to appoint a time and place for a hear- 
ing, before making such lease. 

14. Towns may take such leases. 

15. Commissioners may fix limits of ponds 
leased or to be leased. 

16. to have custody of leases, and enforce 
provisions. 

17. may occupy not over six great ponds. 
IS. to post notices of such occupation, etc. 

19. their rights in such cases. 

20. may take fish for fish culture at any time. 

21. County commissioners to measure great 
ponds. 

22. Selectmen may measure great ponds, 
when. 

23. How riparian owners on small ponds may 
obtain exclusive fishery in certain cases. 

24. Penalty for taking fish in certain ponds. 

25. Riparian owners may enclose waters of 
streams not navigable. 

26. Ownership of fishes artificially propa- 
gated. 

27. Penalty for fishing where fish are artifi- 
cially propagated. 

28. What tidal streams to be deemed navi- 
gable. 

29. Governor may define tidal bounds and 
mouths of streams. 

30. may limit times of fishing in certain 
waters. 

31. Owners of unnavigable tidal streams to 
control fishery thereof, etc. 

32. Rule as to shad and alewife fishery in 
Connecticut River. 

33. as to shad and alewife fishery in Merri- 
mack River. 

34. Fishing near fishways in Connecticut 
River forbidden. 

.35. in Merrimack River forbidden. 
36. with nets in Merrimack River between 
certain dates forbidden. 



Public Statutes, Chap. 91. 
Of Inland Fisheries and Kelp. 
Section 



37. Fishing with gill-nots in Connecticut or 
Merrimack Rivers forbidden. 

38. Penalties. 

39. Meshes of sweep-seines used in certain 
waters to be of certain size. 

40. Rules as to weir and seine fishing in Con- 
necticut River. 

41. Rules as to fishing with sweep-seines. 

42. Fish-wardens to be appointed in towns on 
Connecticut and Merrimack Rivers. 

43. Penalty for neglect. 

44. for poisoning fish with Indian cockle, 
etc. 

45. Fishing for salmon prohibited till certain 
date. Penalty. 

46. Penalty for taking salmon after said date, 
except with hook and line. 

47. for taking salmon between certain dates. 

48. for taking fish, except with hook and 
line. 

49. Guardian responsible, if minor takes 
trout, except, etc., when. 

50. Prosecutions under preceding section 
limited. 

51. Penalty for taking trout, etc., between 
certain dates. 

.52. for obstructing stream with salmon-pot. 

53. for selling, etc., trout, etc., l)etwoen cer- 
tain dates. 

54. Town ollicers to see to enforcement of 
preceding section. 

55. Penalty for taking shad, etc., except, elc. 

56. for taking black bass, except, etc. 

57. for selling, etc., smelts between certain 
dates, etc. 

58. for taking smelts except with hook and 
line. 

59. Prohibition not to extend to certain coun- 
ties, etc. 

60. Town oflicers to see to enforcement of 
sections fifty-seven and fifty-eight. 

61. Forfeiture of boat and apparatus, when. 

62. Keepers of fish-markets, etc., to give in- 
formation of unlawful taking. Penalty. 

63. Towns may open ditches, etc., to create 
herring fisheries. 

64. shall own such fisheries. 

65. Penalty for fishing in such fisheries with- 
out permission. 

66. Prosecution limited. 

G7. Rights under contracts, etc., not aftected. 

68. Town oflicers may regulate fishing for 
certain fish. 

69. Penalties. 

70. Town oflScers may authorize fish-weirs. 

71. Penalty for injuring such fish-weirs. 

72. Fish-weirs not to be constructed without 
authority. 



362 



LAWS RELATING TO 



Section 

73. Owners of fish- weirs, etc., to make returns 
of fish caught. 

74. CommissionerB to furnish blank forms for 
returns. 

75. Penalties. 

76. Prohibition of fish-weirs, etc., in certain 
waters between certain dates. 

77. Penalty. 

78. Prosecution limited. 

79. Prohibitionof seines, weirs, etc., in certain 
waters of Buzzard's Bay. Penalties. 

80. Seines, etc., so used declared nuisances. 

81. Penally for taking lobsters between cer- 
tain dates. 

82. for having lobsters in possession, etc. 

83. Town oificers to see to enforcement of two 
preceding sections. 

84. Penalty for selling, etc., small lobsters. 

85. Disposition of penalty. 

86. Prohibition of taking lobsters in certain 
waters. 

87. Boundaries defined. 

88. Penalty where certain statutes have been 
adopted. 

89. Prohibition of taking lobsters in waters 
of Provincetown, unless, etc. 



Section 

90. Penalty. 

91. Boundaries defined. 

92. Penalty for taking too many lobsters, etc., 
in Buzzard's Bay. 

93. for unlawfully destroying oysters. 

94. Selectmen may give permits to take 
oysters. 

95. Penalty for taking other shell-fish, except, 
etc. 

96. Indians not included in prohibition. 

97. Town officers may grant licenses. 

98. Boundaries to be defined. 

99. Rights of persons licensed. 

100. Oysters not to be taken between sunset 
and sunrise. 

101. Penalty for taking oysters from licensed 
flats without permission. 

102. No shell-fish, except, etc., to be taken in 
Chatham, etc. 

103. Prosecutions under this chapter limited. 

104. Disposition of penalties. 

105. Special laws not to be deemed repealed, 
etc. 

KEIiP AND SEAWEED. 

106. Kelp, etc., adrift. 



Section 1. All laws relating to the culture, preservation, capture, 
or passage of fish shall be known as the laws relating to inland fish- 
eries. 

Sect. 2. There shall be a board of commissioners on inland fish- 
eries, consisting of three persons appointed by the governor by and 
with the consent of the council, each for the term of five years from 
the time of his appointment. The present members shall continue to 
hold their offices during the terms for which they were appointed. Any 
member of the board shall be removable at the pleasure of the gov- 
ernor. Vacancies in the board by the expiration of the terms of ser- 
vice or otherwise shall, from time to time, be filled in like manner and 
for like terms of time. 

Sect. 3. Each of the commissioners may, personally or by deput}', 
enforce all laws regulating inland fisheries ; and may seize and remove, 
summarily if need be, all illegal obstructions to the passage of migra- 
tory fish, except dams, mills, or machinery, at the expense of the 
persons using or maintaining the same. 

Sect. 4. The commissioners may examine all dams upon rivers 
where the law requires fish ways to be maintained, and shall determine 
whether the fishways, if any, are suitable and sufficient for the pas- 
sage of the fish in such rivers ; and shall prescribe by an order in 
writing what changes or repairs, if any, shall be made therein, and at 
what times the same shall be kept open, and give notice to the owners 
of the dams accordingly. 



INLAND FISHERIES. 363 

Sect. 5. Such notice shall be given to the proprietors of dams 
upon the Connecticut and Merrimack Rivers and their tributaries by 
serving upon them a copy of the order ; and a certificate of the com- 
missioners that such service has been made shall be deemed sufficient 
proof thereof. 

Sect. 6. Any owner of such a dam who refuses or neglects to 
keep open or maintain a fishwa}' at the times prescribed by the com- 
missioners shall forfeit fifty dollars for each day of such refusal or 
neglect. 

Sect. 7. When either of the commissioners finds that there is no 
fishway or an insufficient fishway in or around a dam where the law 
requires a fishway to be maintained, he ma}', in his discretion, enter 
with workmen and materials upon the premises of the person required 
to maintain a fishway there, and may at such person's expense 
improve an existing fishway, or cause one to be constructed if none 
exists, and may take, if necessary, the land of any other person not 
obliged by law to maintain said fishwa}' ; and when a fishway has 
been constructed in accordance with the provisions of this section, 
the commissioners shall not require the owner of the dam to alter 
the same within five years from the completion thereof. 

Sect. 8. The commonwealth shall pay all damages occasioned by 
taking land as provided in the preceding section, and such damages 
shall upon the application of either party be estimated in the manner 
provided in relation to land taken for highways ; and said expense 
shall be a charge against the person required by law to construct 
and maintain such fishway, to be recovered in an action of contract 
in the name of the commonwealth, with costs and interest at the rate 
of twelve per cent, per annum. 

Sect. 9. Each of the commissioners may, in the discharge of his 
duties, enter upon and pass through or over private property without 
rendering himself liable in an action for trespass. 

Sect. 10. The riparian proprietors of any pond, the area of which 
is not more than twenty acres, and the proprietors of any pond or 
parts of a pond created by artificial flowing, shall have exclusive con- 
trol of the fisheries therein existing. iseg, 384, §§ 7, i2. ii9 Mass. 30o. 

Sect. 11. The fishery of any pond, the area of which is more 
than twenty acres, shall be public, except as hereinafter provided ; and 
all persons shall, for the purpose of fishing, be allowed reasonable 
means of access to the same, without rendering themselves liable to 
an action for trespass. 

Sect. 12. The commissioners, or any two of them, may, in the 
name of the commonwealth, lease any great pond, exceeding twenty 
acres in area, for the purpose of cultivating useful fishes, for such 
periods of time and on such terms and conditions as mav seem to 



364 LAWS RELATING TO 

them most for the public good ; and the lessee of such pond may 
occupy a poi-tion not exceeding one-tenth part thereof with enclosures 
and appliances for the cultivation of useful fishes ; but this shall not 
affect an}' public rights to such pond, other than the right of fishing ; 
and the appliances and enclosures used by the lessee shall be so 
placed as not to debar ingress to or egress from such pond at proper 
l)Iaces. 1885, 100. 

Sect. 13. Before making such lease, the commissioners shall 
appoint a time and place for a hearing upon the application therefor, 
and shall give notice thereof to every city or town within whose limits 
an}' part of the pond lies. i873, vjb, § i. 

Sect. 14. A city or town, either alone or with another city or 
town, may, for the purpose of cultivating useful fishes, and under 
such conditions and restrictions as the commissioners may prescribe, 
take a lease of a great pond situated either wholly or partly within 
its limits, and may appropriate moiie}' therefor. 

Sect. 15. The commissioners may fix the limits of any great pond 
heretofore leased or hereafter to be leased b}' them, and determine 
what arms, coves, or bays shall be regarded as a part thereof; which 
limits, being recorded in the registry of deeds for the county or dis- 
trict where such pond lies, shall be taken to be the legal limits thereof 
for all the purposes of this chapter. The expense of fixing and re- 
cording such limits shall be paid by the lessee. 

Sect. 16. The commissioners shall have the custody of all such 
leases, and may cause any agreements, rights, reservations, forfeitures, 
and conditions therein contained to be enforced, and for that purpose 
may institute proceedings in the name of the commonwealth, and may 
take possession of any premises for breach of condition of such lease, 
and after revesting the commonwealth therewith may again lease the 
same. i886, 248. 

Sect. 17. The commissioners may occup}-, manage, and control 
any great ponds, not exceeding six in number, and not leased by 
them, for the purpose of cultivating useful fishes, and of distributing 
the same within the commonwealth, subject to the restrictions and 
limitations contained in section twelve. 

Sect. 18. When the commissioners determine so to occup}' and 
improve any such pond, they shall post a notice of such purpose in 
some public place in the town or towns in which said pond is situ- 
ated, and shall file a like notice in the office of the town clerk or clerks 
of said town or towns, and in the office of the secretary of the common- 
wealth ; and the affidavit of an officer qualified to serve civil process 
that such notice has been posted shall be deemed full proof of the 
same. 

Sect. 19. From and after the time when such notice has been so 



INLAND FISHERIES. 365 

filed and posted, the commissioners shall have all the rights in respect 
to such pond which are secured to lessees of ponds from them ; and 
an}^ violation of any of said rights shall be punished as provided in 
section twenty-scA'cn. 

Sect. 20. The commissioners may take or cause to be taken any 
fish at an}' time or in an}^ manner for purposes connected with fish 
culture or scientific observation. 

Sect. 21. The county commissioners for each county shall, upon 
the request and at the expense of any party claiming to be interested 
in any great pond, cause the same to be measured in the month of 
July, and such measurement when determined shall be recorded in the 
town clerk's office of each town within which such pond is situated ; 
and no arm or branch shall be included as a part of a pond, unless it 
is at least fift}' feet in width and one foot in depth. 

Sect. 22. The selectmen of a town may measure ponds wholly 
within the town in the manner provided in the preceding section, and 
such measurement shall be recorded in the town clerk's office. 

Sect. 23. A pond not more than twenty acres in area, bounded 
in part by land belonging to a town or county, shall only become the 
exclusive property of the individual proprietors as to the fisheries 
therein upon payment to the town ti^easurer, county commissioners, 
or state treasurer, of a just compensation for their respective rights 
therein, to be determined by a board of three persons, one of whom 
shall be one of the riparian proprietors of said pond, one the chairman 
of the board of selectmen, if the rights of a town are in question^ or 
of the county commissioners, if the rights of a county or the common- 
wealth are in question, and one to be appointed by the commissioners 
on inland fisheries. 

Sect. 24. Whoever without the written consent of the proprietor 
or lessee of a natural pond, the area of which is not more than 
twenty acres, or of an artificial pond of any size, in which fish are 
lawfully cultivated or maintained, takes any fish therefrom, shall for- 
feit a sum not exceeding twenty-five dollars for every such offence. 

Sect. 25. A riparian proprietor may, within the limits of his own 
premises, enclose the waters of a stream not navigable, for the culti- 
vation of useful fishes : provided, he furnishes a suitable passage for 
migratory fishes naturally frequenting such waters. 

Sect. 26. Fishes artificially propagated or maintained shall be the 
property of the person propagating or maintaining them ; and a per- 
son legally engaged in their culture and maintenance may take them 
in his own waters at pleasure, and may have them in his possession 
for purposes properly connected with said culture and maintenance, 
and may at all times sell them for these purposes, but shall not sell 
them for food at seasons when their capture is prohibited by law. 



366 LAWS RELATING TO 

Sect. 27. Whoevei' without the permission of the proprietors 
fishes in that portion of a pond, stream, or other water in which 
fishes are lawfully cultivated or maintained, shall forfeit not less 
than one dollar nor more than twenty dollars for the first oflTence, 
and not less than five nor more than fifty dollars for an}' subsequent 
offence. 

Sect. 28. For the purposes of this chapter, no tidal stream shall 
be considered navigable above the point where, on the average 
throughout the 3'ear, it has a channel less than forty feet wide and 
four feet deep during the three hours nearest the hour of high tide. 

Sect. 29. The governor, with the advice and consent of the coun- 
cil, may, for the purposes of this chapter, arbitrarily fix and define 
the tidal bounds and mouths of streams upon recommendation of the 
commissioners on inland fisheries. i869, 384, § 17. 

Sect. 30. The governor may in like manner limit or prohibit, for 
a period not exceeding five years at a time, fishing in the navigable 
tidal waters and in the unnavigable waters of specified streams, except 
in such portions as may be enclosed according to provisions of section 
twenty-five ; and whoever fishes in streams where the right of fishing 
is thus limited or prohibited shall forfeit for the first offence ten dol- 
lars, and for every subsequent offence fifty dollars, and shall in addi- 
tion forfeit all fish taken and apparatus used. 

Sect. 31. The owner of an unnavigable tidal stream, where the 
same empties into salt water, and in which fishes are lawfully culti- 
vated or maintained, shall have the control of the fishery thereof 
within his own premises, and also beyond and around the mouth of 
the stream so far as the tide ebbs, provided it does not ebb more 
than eighty rods ; and whoever fishes within these limits without 
permission of such owner shall forfeit not less than one dollar nor 
more than twenty dollars for the first offence, and not less than 
five nor more than fift}^ dollars for any subsequent offence ; and 
shall in addition forfeit any boat and apparatus used in such illegal 
fishing. 

Sect. 32. Whoever takes or aids in taking from the Connecticut 
River or its tributaries any shad or alewives between the first day of 
July and the fifteenth day of March shall forfeit one hundred dollars 
for each offence. 

Sect. 33. Whoever takes any shad or alewives in an}^ part of the 
Merrimack River or any tributary thereof, except between sunrise on 
Monday morning and sunrise on Friday morning, from the first da}^ 
of March to the thirty-first day of May, shall forfeit for each alewife 
so taken not less than one dollar nor more than five dollars, and for 
each shad so taken not less than five nor more than twentj" dollars. 

1882,166; 1884,317. 



INLAND FISHERIES. 367 

Sect. 34. Whoever takes any flsh within two hundred yards of 
any fishwa}' on the Connecticut River or its tributaries, or ti-espasses 
within the limits of such fishway, shall forfeit fifty dollars for each 
offence. And whoever takes any fish beyond two hundred and within 
four hundred 3'ards of any such fishwa}', in anj" other manner than by 
artificial!}' or naturall}' baited hook and line, shall forfeit twenty-five 
dollars for each fish so taken. 

Skct. 35. Whoever takes any fish within four hundred yards of 
any fishway on the Merrimack River, or trespasses within the limits 
of such fishwa}', shall forfeit fifty dollars for each offence. 

Sect. 36. Whoever from the first day of June to the last day of 
February inclusive uses a net of an}' description in the waters of the 
Merrimack River or an}' tributary thereof shall forfeit twenty-five 
dollars for each offence. i883, 31. 

Sect. 37. Whoever uses a gill-net of any description in the waters 
of the Connecticut or Merrimack River or any tributary thereof shall 
forfeit twenty-five dollars for each offence. is74, 144, §4. 

Sect. 38. Whoever takes any fish in violation of section thirty- 
three, thirty-four, or thirty-seven, shall, in addition to the penalties 
therein prescribed, forfeit any boat and apparatus used. 

Sect. 39. Whoever uses in the Connecticut, Westfield, Deerfield, 
Miller's, Merrimack, Nashua, or Housatonic River, or any tributary 
thereof, a sweep-seine having a mesh which stretches less than five 
inches, shall forfeit twenty-five dollars for the first offence, and fifty 
dollars for every subsequent offence ; and in addition shall forfeit- all 
fish taken and apparatus used. 

Sect. 40. Whoever between the fifteenth day of March and the 
first day of July sets or uses, or aids in setting or using, in the Con- 
necticut River, a pound, weir, or set net the meshes whereof are less 
than two inches in extent, or at any time between sunset on Satur- 
day evening and sunrise on Monday morning sets or draws, or aids 
in setting or drawing, a seine for the jjurpose of taking fish in said 
river, and any person owning or controlling in whole or in part a 
pound, weir, or set net of any description, placed in said river, who 
between sunset and sunrise as aforesaid fails to keep the same open 
and free for the passage of fish, in such manner as to satisfy the com- 
missioners of inland fisheries, shall forfeit to the treasurer of the 
commonwealth four hundred dollars for each offence ; and, in addi- 
tion, such pounds, weirs, and set nets shall be forfeited. 

Sect. 41. Whoever uses a sweep-seine or combination of sweep- 
seines in such a manner as at any moment to close or seriously ob- 
struct more than two-thirds of the width of a stream at the place 
where it is used, or delays or stops in paying out or hauling a 
sweep-seine, or hauls a sweep-seine within one-half mile of a point 



368 LAWS RELATING TO 

where sucli seine has been hauled within an hour, shall forfeit twent}'- 
five dollars for the first offence, and fifty dollars for any subsequent 
offence, and in addition shall forfeit all fish taken and apparatus 
used ; but this section shall not applj- to seines used in the smelt 
fisheries, or to the fisheries for shad or alewives in the Taunton Great 
River. i884, 199. 

Sect. 42. The mayor and aldermen of cities and the selectmen 
of towns bordering on the Connecticut or Merrimack River shall 
appoint and fix the compensation of one or more suitable persons as 
fish-wardens within their respective cities and towns, who shall, 
respectively, make complaint of all offences under sections thirt}^- 
two, thirty-five, and fort3^ 

Sect. 43. A city or town whose mayor and aldermen or selectmen 
neglect to appoint and fix the compensation of one or more such fish- 
wardens shall forfeit not less than one hundred dollars nor more than 
five hundred dollars. 

Sect. 44. Whoever puts or throws into any waters for the pur- 
pose of taking or destroying fish therein any Indian berry or Indian 
cockle or other poisonous substance, whether the same is mixed with 
any other substance or not, shall forfeit ten dollars for every such 
offence. 

Sect, 45. Whoever takes a salmon before the second day of April 
in the year eighteen hundred and eighty-two shall be punished for 
each offence by fine of not less than fifty nor more than two hundred 
dollars, or by imprisonment in the house of correction for not less 
than two nor more than six months ; but a person catching a salmon 
when lawfully fishing, and immediately returning it alive to the 
waters from which it was taken, shall not be subject to such penalty. 

Sect. 46. Except as provided in the last clause of the preceding 
section, whoever takes a salmon at any time after the time limited in 
the preceding section otherwise than with naturall}' or artificially 
baited hook and hand-line shall be punished by fine of not less tlian 
fifty nor more two hundred dollars for each fish so taken. 

Sect. 47. Whoever at any time after the first da}^ of April in the 
year eighteen hundred and eighty-two takes a salmon between the 
first day of August and the first day of Ma}', and whoever at any 
time buys, sells, or has in his possession a salmon taken in this com- 
monwealth between the first day of August and the first day of May, 
shall forfeit for each offence not less than ten nor more than fifty dol- 
lars ; and whoever at any time buys, sells, or has in his possession a 
young salmon less than one foot in length shall forfeit five dollars for 
every such salmon. 

Sect. 48. Whoever takes any fish which at any season frequent 
fresh water, except eels and pickerel, and except as otherwise allowed 



INLAND FISHERIES. 369 

in this chapter, in any other manner than by artificially or naturally 
baited hook and hand-line, hand or dip net, sweep-seine, or salmon- 
pot, shall forfeit not less than five nor more than fifty dollars : pro- 
vided^ however, that towns may permit the use of set nets for taking 
herring and alewives. 

Sect. 49. If a minor takes a trout in any other manner than by 
hook and line, his guardian shall be liable to a forfeiture of one dollar 
for each trout so taken ; but this section shall not extend to any town 
unless section two of chapter eighty-three of the General Statutes or 
this section has been adopted thereby. 

Sect. 50. All prosecutions under the preceding section shall be 
instituted within thirty days from the commission of the ofi'ence. 

Sect. 51. Whoever takes a trout, land-locked salmon, or lake 
trout between the first day of October and the first day of April, or 
buys such fish taken in this commonwealth between said dates, or 
takes a trout, land-locked salmon, or lake trout with a net or salmon- 
pot at any season of the year, shall forfeit not less than five nor more 
than twent}' dollars for each fish so taken. i8S4, i7i. 

Sect. 52. Whoever at any time obstructs with a salmon-pot more 
than one-half of a waterfall, channel, or rapid, or sets, uses, or main- 
tains a salmon-pot the diameter of which is more than two feet, or 
who, when the taking of salmon is forbidden by law, sets, uses, or 
maintains any salmon-pot whatever, shall forfeit ten dollars for the 
first offence, and twenty dollars for ever}^ subsequent offence ; and in 
addition shall forfeit all fish taken and the salmon-pot used. i884, i7i. 

Sect. 53. Whoever sells, or offers or exposes for sale, or has in 
his possession, a trout, land-locked salmon, or lake trout, except 
alive, between the first day of October and the first da}' of April', 
shall forfeit for every such fish taken in this commonwealth between 
said dates ten dollars ; and the possession of any such fish between 
said dates shall be prima facie evidence to convict. i884, i7i. 

Sect. 54. The maj'or and aldermen of every city, the selectmen 
of every town, and all police oflScers and constables, shall cause the 
provisions of the preceding section to be enforced in their respective 
cities and towns ; and all forfeitures and penalties for violations 
thereof shall be paid one -half to the person making the com- 
plaint and one-half to the city or town in which the offence was 
committed. 

Sect. 55. Whoever takes shad or alewives, except in the Con- 
necticut, Taunton Great, Nemasket, and Merrimack Rivers, and their 
tributaries, in any other manner than by naturally or artificially 
baited hook and hand-line, on any day of the week but Monday, 
Wednesday, Friday, and Saturday, and whoever takes shad except in 
the Connecticut River, or alewives, between the fifteenth day of June 



370 LAWS RELATING TO 

and the first day of March, shall forfeit for each shad five dollars, 
and for each aleWife twenty-five cents. 

Sect. 56. Whoever takes a black bass between the first day of 
December and the first day of July, or at any time except with natu- 
rally or artificially baited hook and hand-line, or buys, sells, or has 
in possession any such fish taken in this commonwealth between said 
dates, or otherwise than as allowed in this chapter, shall forfeit for 
each ofljence not less than two nor more than twenty dollars : provided^ 
however, that this limitation of time shall not be applicable to the 
Connecticut River or its tributaries. 

Sect. 57. Whoever sells or offers or exposes for sale or has in 
his possession a smelt between the fifteenth day of March and the 
first da}' of June shall forfeit one dollar for every such smelt taken 
in this commonwealth between said dates ; and the possession of anj' 
smelt between said dates shall be prima facie evidence to convict. 

Sect. 58. Whoever takes a smelt in any other manner than b}' 
artificially or naturally baited hook and hand-line shall forfeit one 
dollar for each smelt so taken ; and in all prosecutions under this 
section the burden of proof shall be upon the defendant to show that 
smelt or smelts taken by him, the catching of which is complained of, 
were legally caught. 

Sect. 59. The two preceding sections shall not apply to smelts 
taken in a seine or net, in the counties of Bristol, Barnstable, or 
Dukes County, during the time and in the manner in which fishing is 
allowed for perch, herring, or alewives. 

Sect. 60. The mayor and aldermen of every city, the selectmen 
of every town, and all police officers and constables, shall cause the 
provisions of sections fifty-seven and fifty-eight to be enforced in 
their respective cities and towns ; and all forfeitures and penalties for 
violations thereof shall be paid one-half to the person making tfie 
complaint and one-half to the city or town in which the offence was 
committed. 

Sect. 61. Whoever takes any fish in violation of sections twent}-- 
seven, thirty. fort3'-seven, forty-eight, fifty-one, fifty-five, fifty-six, 
and fifty-eight, shall in addition to the penalties therein provided 
forfeit the boat and apparatus used. 

Sect. 62. Every superintendent, clerk, or other person, having 
charge of a market, provision store, or other place where fish are sold, 
and having reasonable cause to believe that any fish taken in viola- 
tion of law has been offered for sale on such premises, shall immedi- 
ately give information thereof to a constable or trial justice in the 
city or town where said premises are situated ; and for each neglect 
so to do shall be punished by fine of not less than five nor more than 
fifty dollars. 



INLAND FISHERIES. 371 

Sect. 63. A city or town may open ditches, sluiceways, or canals, 
into any pond within its limits, for the introduction and propagation 
of herrings or alewives, and for the creation of flsheries for the same ; 
and the land for opening such ditches, sluiceways, or canals within 
such city or town may be taken according to the provisions of the 
statutes which regulate and limit the taking of land for highways. 

Sect. 64. A city or town creating such fishery shall own the 
same, and may make any proper regulations concerning it, and may 
lease it for a period not exceeding five years, upon such terms as may 
be agreed upon. And a town may lease for a like period, and npon 
like terms, any fishery now owned by it, or any public fishery which 
has heretofore been regulated and controlled by such town. 

Sect. 65. Whoever takes, kills, or hauls on shore an}^ herrings or 
alewives in a fishery created by a city or town, without the permission 
of such city or town or of its lessees, or in a fishery created by a 
corporation without the permission of such corporation, shall forfeit 
not less than five nor more than fifty dollars. 

Sect. 66. All prosecutions under the preceding section shall be 
instituted within thirty days from the commission of the oflfence. 

Sect. 67. Nothing contained in the four preceding sections shall 
be held to impair the rights of any person under any law passed 
before the twenty-fifth day of April in the year eighteen hundred and 
sixty-six, or to deprive any person of any right under any contract 
then existing, or to authorize a city or town to enter upon or build 
canals or sluiceways into a pond which is the private property of an 
individual or corporation. 

Sect. 68. The major and aldermen of cities and the selectmen 
of towns, when so instructed b}' their cities and towns, may control 
and regulate the taking of eels, clams, quahaugs, and scallops within 
the same, including ponds which are now or may hereafter be leased 
by the commissioners ; and may grant permits prescribing the times 
and methods of taking eels and the shell-fish above named within 
such cities and towns, and make such other regulations in regard to 
said fisheries as they may deem expedient. But any inhabitant of 
the commonwealth, without such permit, may take, from the waters 
of his own or any other cit}- or town, eels and the shell-fish above 
named for his own family use ; and may take from the waters of his 
own city or town any of the shell-fish above named for bait, not 
exceeding three bushels, including shells, in anj- one day, but subject 
nevertheless to the general rules prescribed by the mayor and alder- 
men and selectmen respectively as to the times and methods of taking 
such fish. Nothing herein contained shall be construed as allowing 
the taking of any kind of fish in violation of section thirty-four or 
thirty-five. 



372 LAWS RELATING TO 

Sect. 69. Whoever takes aiw eels or an}' of said shell-fish without 
such permit, and in violation of the preceding section, shall forfeit 
not less than three nor more than fifty dollars. 

Sect. 70. The mayor and aldermen of a city and the selectmen 
of a town lying upon tide water may authorize in writing any person 
to construct fish-weirs in said waters within the limits of such city or 
town for a term not exceeding five years : provided, such weirs cause 
no obstruction to navigation, and do not encroach on the rights of 
other persons. 

Sect. 71. Whoever wilfully destroys or injures any such weir, or 
takes fish therefrom without leave of the owner, shall forfeit a sum 
not exceeding twenty dollars, to the use of the owner ; and shall, 
moreover, be liable to the party injured in an action at law. 

Sect. 72. Whoever constructs or maintains a fish-weir in tide- 
water without the authority mentioned in section seventy, or from 
an island in tide-water without authority in writing from the mayor 
and aldermen of every city and the selectmen of every town distant 
not over two miles from said island, shall forfeit ten dollars for each 
day he maintains such weir, to the use of any cities or towns from the 
mayor and aldermen or selectmen of which he ought to have obtained 
the authority aforesaid ; and he shall also be liable to be indicted 
therefor, and to be enjoined therefrom. 

Sect. 73. The owner of every pound, weir, or other similar fixed 
contrivance, and of every fishing pier, seine, drag or gill net used for 
fishing purposes, shall make written report, under oath, to the com- 
missionei's, on or before the twentieth day of October in each year, 
specifying the number of each kind of edible fish caught by his pound, 
weir, or other similar fixed contrivance, pier, seine, drag or gill net, 
during the year next preceding the date of said report. 

Sect. 74. The commissioners shall furnish to each owner of a 
pound, weir, or similar fixed contrivance, pier, seine, drag or gill net, 
on or before the fifteenth day of March in each year, suitable blank 
forms for the reports required by the preceding section, so arranged 
that each day's catch may be separately recorded thereon ; and in 
filling out such reports, such owner shall give the results of each 
day's fishing, so far as practicable. Such owner shall apply to the 
commissioners for such blank forms. 

Sect. 75. Whoever knowingly afld wilfully violates any of the 
provisions of the two preceding sections shall be punished b^^ fine of 
not less than ten nor more than one hundred dollars. 

Sect. 76. From the first day of May to the fifteenth day of June, 
no person shall set, or permit to remain set, a fish pound, weir, trap, 
fyke, or other similar fixed apparatus for catching fish, except gill 
nets, between the hours of six o'clock on Saturday morning and six 



INLAND FISHERIES. 373 

o'clock on Sunday evening, so as to catch fish in the tidal waters of 
the counties of Dukes County or Bristol, of the towns of Mattapoisett, 
Marion, or Wareham, of the westerly boundaries of Sandwich and 
Falmouth at and near Buzzard's Bay, or of that portion of the south- 
erly boundary of the county of Barnstable extending from the south- 
westerly corner of the town of Falmouth easterly to Point Gammon 
in the town of Yarmouth. 

Sect. 77. Whoever violates any of the provisions of the preceding 
section shall be punished by fine of not less than one hundred nor 
more than two hundred dollars. 

Sect. 78. All prosecutions under section seventy-six shall be 
commenced within three months after the commission of the offence. 

Sect. 79. Whoever draws, sets, stretches, or uses a drag net, set 
net, purse, or seine, or constructs, maintains, or uses a fish pound, 
weir, or yard in the waters of Buzzard's Bay northerly of or within a 
straight line extended from the entrance to the harbor in West Fal- 
mouth to Bird Island light, thence in a straight line to Great Neck 
Point on the Marion shore, or iu any bay, cove, inlet, or stream bor- 
dering on or flowing into said watei's within said limits, or from the 
twenty-fifth day of March to the fifteenth day of May, in the waters 
north-westerly of or within a straight line extending from Angelica 
Point in Mattapoisett to the central point of Ram Island, and thence 
west in a straight line to the westerly town line of Mattapoisett, or 
aids in doing so, shall forfeit not less than twenty nor more than 
one hundred dollars, to the use of any person suing therefor in an 
action of tort ; and shall also be punished by imprisonment in the 
house of correction not exceeding sixty days, or by fine of not less 
than ten nor more than one hundred dollars, one-half of which shall 
be paid to the person making the complaint, and the other half to the 
county , within which the offence was committed ; and in addition 
shall forfeit to the commonwealth all fish taken, and the boat, seine, 
and other apparatus used. isse, 192. 

Sect. 80. Nets and seines in use, set or stretched and holding 
fish, in violation of the preceding section, are declared to be common 
nuisances. 

Sect. 81. Whoever from the twentieth day of June to the twen- 
tieth day of September takes a lobster shall be punished for each of- 
fence by fine of not less than ten nor more than one hundred dollars, 
or by imprisonment in the house of correction for not less than one 
nor more than three months ; but a person catching a lobster when 
lawfull}^ fishing, and immediately returning it alive to the waters from 
which it was taken, shall not be subject to such penalt3\ is82, 98. 

Sect. 82. Whoever from the twentieth day of June to the twen-. 
tieth day of September bu^^s, sells, or has in his possession a Ipbster 



374 LAWS RELATING TO 

taken in this commonwealth, shall forfeit for each offence not less 
than ten nor more than fifty dollars. 1882, 98. 

Sect. 83. The maj-or and aldermen of every city, the selectmen 
of every town, and all police officers and constables, shall cause the 
provisions of the two preceding sections to be enforced in their re- 
spective cities and towns. 

Sect. 84. Whoever sells or offers for sale, or has in his posses- 
sion with intent to sell, either directl}- or indirectl3% a lobster less than 
ten and one-half inches in length, measuring from one extreme of the 
bo^y extended to the other, exclusive of claws or feelers, shall for- 
feit five dollars for every such lobster ; and in all prosecutions under 
this section the possession of any lobster not of the required length 
shall be prima facie evidence to convict. i884, 212. 

Sect. 85. All forfeitures under the four preceding sections shall 
be paid, one-half to the person making the complaint, and one-half 
to the city or town where the offence was committed. 

Sect. 86. No person living without this state shall take any lob- 
sters, tautog, bass, or other fish within the harbors, streams, or 
waters of Fairhaven, New Bedford, Dartmouth, or Westport, for 
the purpose of carrying them thence in vessels or smacks of an}' 
size whatever owned without this state, nor in any of more than 
fifteen tons burden owned within this state, under a penalty of ten 
dollars for every offence, and a forfeiture of all fish and lobsters so 
taken. 

Sect. 87. For the purposes of the preceding section, the waters 
and shores of the places therein mentioned shall be deemed to extend 
from the line of the state of Rhode Island to the line of the county 
of Plymouth, and to include all the waters, islands, and rocks lying 
within one mile of the main land. 

Sect. 88. If, within the harbors, streams, or waters of any place 
on the sea-coast which adopts this section, or has adopted the corre- 
sponding sections of earlier statutes, any person living without the 
state takes, for the purpose of carrying thence, any lobsters, tautog, 
bass, blue fish, or scuppaug, or if any person living within this state 
takes and can-ies away from such place any such fish or lobsters in 
vessels or smacks of more than fifteen tons burden, he shall forfeit 
fur each offence a sum not exceeding twenty dollars, and all the fish 
and lobsters so taken. 

Sect. 89. No person shall take lobsters within the waters and 
shores of the town of Provincetown for the purpose of carrying them 
from said waters in a vessel or smack of more than fifteen tons bur- 
den, or for the purpose of putting the same on board of such vessel 
or smack to be transported to an}^ place, unless a permit is first ob- 
tained therefor from the selectmen of said town, who may grant the 



INLAND FISHERIES. 375 

same for such sum, to be paid to the use of the town, as they shall 
deem proper. 

Sect. 90. Whoever violates the provisions of the preceding sec- 
tion shall forfeit ten dollars for each ofi'ence ; and if the number of 
lobsters so unlawfully taken or found on board of an}' such vessel or 
smack exceeds one hundred, he shall in addition forfeit a further sum 
of ten dollars for every hundred lobsters so taken or found over the 
first hundred, and in that proportion for an}- smaller number. 

Sect. 91. For the purposes of the two preceding sections, the 
waters and shores of Provincetown shall be deemed to be as follows : 
namely, beginning at Race Point, one-half mile from the shore, and 
, thence running b}- said shore to the end of Long Point which forms 
the harbor of Provincetown, and from the end of Long Point one- 
half mile and including the harbor within the town of Provincetown. 

Sect. 92. Whoever between the first da}' of April and the first 
day of July inclusive takes more than one hundred pounds per week 
of lobsters, tautog, bass or scuppaug in the bays, harbors, ponds, 
rivers, or creeks of the waters of Buzzard's Bay, within one mile 
from the shore and within the jurisdiction of the towns of Sandwich 
and Wareham, shall forfeit a sura not exceeding fifty dollars, to be 
recovered in an action of tort by the selectmen or any legal voter of 
Sandwich or Wareham, for the use of the party suing therefor. 

Sect. 93. Whoever takes oysters from their beds, or destroys 
them, or wilfully obstructs their growth therein, except as is provided 
in the following sections, shall forfeit two dollars for every bushel of 
oysters, including the shells, so taken or destroyed. 

Sect. 94. The mayor and aldermen of a city or selectmen of a 
town in which there are oyster-beds may grant a permit in writing to 
any person to take oysters from their beds at such times, in such 
quantities, and for such uses, as they shall express in their permit ; 
and every inhabitant of such city or town may, without such permit, 
take oysters from the beds therein for the use of his family, from the 
first day of September to the first day of June, not exceeding in any 
week two bushels, including the shells. 

Sect. 95. Whoever takes any other shell-fish from their beds, or 
destroys them, or wilfully obstructs their growth therein, except as is 
hereinafter provided, shall forfeit one dollar for every bushel of such 
other shell-fish, including the shells. But the mayor and aldermen of 
a city or selectmen of a town may at any time give a permit in writ- 
ing to any person to take such other shell-fish from their beds therein, 
at such times, in such quantities, and for such uses, as they shall ex- 
press in their permit ; and every inhabitant of each of said places 
may, without such permit, take such other shell-fish from the beds . 
therein for the use of his family. 



376 LAWS RELATING TO 

Sect. 96. Nothing contained in the three preceding sections shall 
be construed to deprive native Indians of the privilege of digging 
shell-fish for their own consumption, or to prevent a fisherman, who 
is an inhabitant of this state, from taking any quautit}^ of shell-fish 
which he may want for bait, not exceeding at any one time seven 
bushels, including the shells. 

Sect. 97. The mayor and aldermen of a city or selectmen of a 
town may, by writing under their hands, grant a license for a term 
not exceeding twenty years to any inhabitant thereof, to plant, grow, 
and dig oysters at all times of the 3'ear, upon and in any flats and 
creeks therein, at any place where there is no natural oyster-bed ; not, 
however, impairing the private rights of any person, nor materially 
obstructing the navigable waters of any creek or bay. i884, 2S4. 

Sect. 98. Such license shall describe by metes and bounds the 
flats and creeks so appropriated, and shall be recorded by the city or 
town clerk before it shall have any force ; and the person licensed 
shall pay to the mayor and aldermen or selectmen, for their use, two 
dollars, and to the clerk fifty cents. i884, 284. 

Sect. 99. The person so licensed, his heirs and assigns, shall for 
the purposes aforesaid have the exclusive use of the flats and creeks 
described in the license, during the time therein specified ; and maj'^ 
in an action of tort recover treble damages of any person who, with- 
out his or their consent, digs or takes oysters from such flats or creeks 
during the continuance of the license ; and whoever digs or takes oys- 
ters therefrom without such consent shall also forfeit twenty dollars for 
each offence. i884, 284. 

Sect. 100. No person shall dig, take, or carry away any oysters 
between sunset and sunrise, by any method whatever, from any flats 
or creeks for which a license has been granted under the provisions 
of section ninety-seven. A person holding such license, who violates 
the provisions of this section, shall, in addition to the penalties here- 
inafter provided, forfeit his license, and shall also forfeit to the town 
or city granting the same the oysters remaining on the premises 
licensed. i884, 284. 

Sect. 101. Any person who violates any of the provisions of the 
preceding section, or who digs or takes any 03'sters from any flats or 
creeks described in any license granted under the provisions of 
section ninety-seven, during the continuance of such license, without 
the consent of the person so licensed, shall be punished by fine of 
not more than one hundred dollars, or imprisonment in the house of 
correction for not less than thirty days nor more than six months, or 
by both such fine and imprisonment. One-half of the fine shall be 
paid to the complainant, and the other half to the county within which 
the offence was committed. i884, 284. 



INLAND FISHERIES. 377 

Sect. 102. No person shall take from the towns of Chatham, 
Nantucket, Barnstable, or Mashpee, any shell-fish for bait or other 
use, except clams and a shell-fish commonly known b}^ the name of 
horsefeet ; and no quantity exceeding seven bushels of clams, includ- 
ing the shells, or one hundred horsefeet, shall be taken in one week 
for each vessel or craft, nor in any case without a permit being first 
obtained from the selectmen of the town. 

Sect. 103. Except when otherwise specially provided, actions and 
prosecutions under the laws relating to inland fisheries shall not be 
commenced except within one year from the time when the cause of 
action accrued or the offence was committed. 

Sect. 104, Except when otherwise specially provided, one-half of 
the money recovered as a penalty in any case arising under the laws 
relating to inland fisheries shall be paid to the person making the 
complaint in the case in which the same is recovered, and the re- 
mainder to the commonwealth. 

Sect. 105. Nothing contained in this chapter shall be deemed to 
repeal or aflfect any provisions or penalties contained or any privi- 
leges granted in an}^ special statutes relating to fisheries in particular 
places. 

KELP AND SEAWEED. 

Sect. 106. Any person may take and carry away kelp or other 
seaweed between high and low water mark, whilst the same is actually 
adrift in tide-waters ; but for such purpose no person shall enter on 
upland or on lawfully enclosed flats without the consent of the owner 
or lawful occupant thereof. The provisions of this section shall not 
apply to any city or town in which the subject is regulated by special 
act of the legislature. 

1882. 

An Act for the protection of Traps, Trawls and Seines. 

1882, 53. Be it enacted, etc., as follows: Sect. 1. Any person 
who shall take any fish or lobster from anj^ trap, trawl or seine set for 
catching fish or lobsters, except by consent of the owner thereof, and 
any person who shall wilfully molest or interfere with such trap, trawl 
or seine, shall for the first offence be punished bj^ a fine of not less 
than five nor more than twenty-five dollars, or b}' imprisonment for 
thirty days, or by both fine and imprisonment ; and for an}' subse- 
quent offence by a fine of not less than twenty nor more than fifty 
dollars, or by imprisonment for sixt}' days, or both fine and imprison- 
ment. 

Sect. 2. This act shall take effect forty days after its passage. — 
[March 11, 1882. 



378 LAWS RELATING TO 

Ax Act for the protection of Striped Bass and Bluefisli in the waters of Edgartown. 

1882, 65. Be it enacted^ etc., as foUoivs : Sect. 1. Whoever at 
any season of the 3'ear shall set, stretch or di-aw any seine or net of 
any kind in an}- of the waters of the town of Edgartown, excepting 
the Oyster Pond, the Great Pond, and Job's Neck Pond, for the pur- 
pose of taking or catching striped bass or blnefish, shall forfeit the 
sum of one hundred dollars for each offence. 

Sect. 2. Whoever shall take or catch at any season of the year in 
any of the waters of the town of Edgartown, excepting the ponds 
named in the preceding section, an}' striped bass or bluefish, by means 
of any seine or net of any kind, shall forfeit one dollar for each and 
every fish so taken or caught. 

Sect. 3. One-half of the money recovered in any case arising 
under this act shall be paid to the person making the complaint and 
the remainder to the Commonwealth. 

Sect. 4. This act shall take effect upon its passage. — [March 11, 

1882. 

[Repealed, 1885, 247.] 



[P. S. 91, §§ 81, 82.] 
An Act to provide for the preservation of Lobsters. 

1882,98. Beit enacted, etc., as foUo'ws : Sect. 1. Section eighty- 
one of chapter ninety-one of the Public Statutes is hereby amended 
to read as follows : — 

"Section 81. Whoever during the month of July in any year 
catches or takes from any of the waters of this Commonwealth any 
female lobster bearing eggs, shall be punished for each offence by a 
fine of not less than ten nor more than one hundred dollars, or b}' 
imprisonment in the house of correction for not less than one nor 
more than three months ; but a person catching or taking an}"^ such 
lobster during said month of July, and immediately returning it alive 
to the waters from which it was taken, shall not be subject to such 
penalty." 

Sect. 2. Section eighty -two of chapter ninety-one of the Public 
Statutes is hereby amended to read as follows : — 

" Section 82. Whoever during the month of July in anj- year sells 
or has in his possession with intent to sell, any female lobster bearing 
eggs, taken in this Commonwealth, shall forfeit for each offence a sum 
not less than ten nor more than fifty dollars." 

Sect. 3. This act shall take effect upon its passage. — [March 21, 

1882. 

[1885, 256.] 



INLAND FISHERIES. 379 

Ax Act concerning the Fisheries in Great Pond and Job's Neck Pond in the town of 

Edgartown. 

1882, 102. Be it enacted, etc., as follows: Sect. 1. The lessees 
holding from the commissioners on inland fisheries a lease of Great 
Pond and Job's Neck Pond, in the town of Edgartown, may take 
smelts and alewives from said ponds and from the ditches connecting 
them with each other and with the ocean, at all seasons of the year and 
without restrictions as to days. 

Sect. 2. Whoever other than said lessees takes anj- fish, except 
eels, from either of said ponds or ditches, without the permission in 
writing of said lessees first obtained, shall forfeit one dollar for each 
fish so taken, and shall also forfeit an}' boat, net, line, rod or other 
apparatus used in such taking in accordance with the provisions of 
chapter one hundred and ninety-four of the Public Statutes. — [March 
21, 1882. 

[1884, 24o.] 

An Act to incorporate the Dennis and Yarmouth Improvement Company. 
1882,122. Beit enacted., etc. ^ as follows: * * * * 
Sect. 5. Said corporation shall have the exclusive right to con- 
duct the fisheries at and about said dam and sluice-way, and may 

introduce and propagate any kind offish. — [March 28, 1882. 

4 _ 

An Act relative to the Fisheries in Granite or Goose Cove Pond in the city of 

Gloucester. 

1882, 160. Be it enacted, etc., as follotos: Sect. 1. David Bab- 
son of Rockport shall have the exclusive right in Granite or Goose 
Cove Pond in the city of Gloucester for the purpose of cultivating 
lobsters and other useful fish until the first day of September in the 
year eighteen hundred and eight3'-three. 

Sect. 2. This act shall take effect upon its passage. — [April 15, 
1882. 

[Sp. Laws, vol 1, p. 272.] 
An Act relative to Fishing in the Merrimack River. 

1882, 166. Be it enacted, etc., as follows : Sect. 1. The penal- 
ties provided by chapter ninety-one of the Public Statutes relative to 
fishing in the Merrimack River shall not apply to or be in force 
against any person drawing a net or seine after the twentieth day of 
June in each year at any point below the Essex Merrimack Bridge in 
said river, unless such person shall take salmon or shad, nor shall a 
person taking a salmon or shad while thus lawfully fishing and imme- 
diately returning it alive to the waters from which it was taken be 
liable to any of the aforesaid penalties. 

Sect. 2. No penalty shall be incurred by any one taking sturgeon 



380 LAWS RELATING TO 

in the tidal waters of the Merrimack River : iwovided., that no net or 
seine having a mesh which stretches less than twelve inches shall be 
used in taking the same. 

Sect. 3. This act shall take effect upon its passage. — [April 19, 

1882. 

[1884, 317.] 

[1869, 172.] 

An Act to regulate the Herring and Shad Fishery in Cole's River and its tributaries, 

and in Milford Pond, in the county of Bristol. 

- 1882, 189. Be it enacted^ etc., as follows: Sect. 1. The town of 
Swanzey is authorized to create herring and shad lisheries in Cole's 
River and its tributaries, and in Milford Pond, so called, in the 
count}^ of Bristol ; and the right to take herring or shad from said 
river or its tributaries, or from said pond, is suspended for the period 
of three years next ensuing after the passage of this act ; and no net, 
seine or weir shall be set therein during said period except as herein- 
after provided. The fish wardens chosen as provided by section three 
of this act may, however, take or cause to be taken from said river or 
its tributaries, or from said pond, at any time after the passage of 
this act, such herring or shad as may be required for the purpose of 
stocking said pond or any of the tributaries of said river. 

Sect. 2. The town of Swanzey ma}^ sell at public auction, at a 
legal town meeting to be held in March in the year eighteen hundred 
and eighty-five, two privileges to take herring and shad from Cole's 
River from the first da}' of April to the first day of Jul}' in each year, 
for a period not exceeding five years, as hereinafter provided, at such 
places on said river as shall be designated by such fish wardens. 
The purchaser or purchasers of such privileges may take herring and 
shad with one seine, at the places so designated, from sunrise on 
Monday until sunset on Wednesday in each week during such period ; 
but no herring or shad shall be taken in any manner from said waters 
after the first day of July in each 3^ear. 

Sect. 3. The town of Swanzey, at its annual meeting in March in 
each year, may choose two or more suitable persons as fish wardens, 
who shall be sworn to the faithful discharge of their duties, and shall 
cause this act to be enforced and shall prosecute all violations of its 
terms. The fish wardens so chosen shall prevent and remove all un- 
lawful obstructions in the course of said river or its tributaries to the 
passing up and down of the said fish from the first day of April to the 
first day of Jul}' in each year ; and may, for the purposes of this act, 
go upon and pass over the land of any person through or by which 
said river or any tributary thereof runs, or which borders upon said 
pond, without being considered trespassers : provided, that an}' per- 
son sustaining damage in his property may have the same assessed in 



INLAND FISHERIES. 381 

the manner provided when land is taken for highway's. Whoever 
wilfully hinders or molests an}^ such fish warden, or any person 
authorized by such fish wardens, in the necessary clearing of said 
river or its tributaries, and in the necessary and proper use of .lands 
on said river or its tributaries, or said pond, for creating and protect- 
ing the said fishery, shall forfeit and pay a sum not exceeding twenty 
dollars for each offence, to be recovered in the manner provided in 
section four of this act. 

Sect. 4. If any person other than those who have purchased such 
privilege as aforesaid fishes with a seine or net at any time or in any 
manner, or sets an^^ net, seine, weir, or other obstructions in any part 
of said river or its tributaries, or of said pond, with intent to take or 
destroy any shad or herring, he shall forfeit and pay twenty dollars 
for each offence, to be recovered on complaint, one-half to the use of 
said town of Swanzey and one-half to the use of the person who shall 
give information leading to the prosecution and conviction of such 
offender ; and all seines, nets or weirs so used or set shall be for- 
feited to the person who shall give such information. 

Sect. 5. All laws relating to fishing in Cole's River are repealed. 
— [April 29, 1882. 

1883. 

[P. S. 91, §^36-39.] 
An Act relative to Fishing in the Merrimack River. 
1883,31. Be it enacted, etc., as follows: For the purpose of 
taking fish called " shiners" for bait, any person may draw a net or 
seine during the months of November and December at any point in 
the Merrimack River, except within four hundred yards of any fish- 
way : provided, that all other fish so caught are immediately returned 
to the waters from which they were taken ; and the penalties provided 
for in sections thirty-six, thirt^'-seven, thirtj^-eight and thirtj'-nine of 
chapter ninety-one of the Public Statutes shall not apply to the taking 
of fish as herein provided. — [March 6, 1883. 

[1872,229; 187G, 103; 1881,44.] 
An Act in addition to An Act to regulate the taking of Fish in North River in the 

county of Plymouth. 

1883,76. Be it enacted, etc., as folloivs: Sect. 1. Whoever sets 
a seine or casts a mesh net in the North River in Plymouth County, or 
whoever by seine or mesh net takes any fish from said Noi'th River, ex- 
cept such persons as have authority so to do under chapter forty-four of 
the acts of the year eighteen hundred and eighty-one, shall be punished 
for each offence by a fine not less than twenty-five dollars nor more 
than one hundred dollars, or by imprisonment in the house of correction 
not less than one nor more than three months. 



382 LAWS RELATING TO 

Sect. 2. Section four of chapter fourty-foiir of the acts of the 3'^ear 
eighteen hundred and eightj'-one is hereby amended by inserting after 
the word " fish," in the second line, the words " from two o'clock in 
the morning until sunset." — [Mai'ch 24, 1883. 

[1884, 199 ; 188G, 163.] 

An Act to authorize the Commissioners on Inland Fisheries to issue permits for Fishing 
in the Merrimack River. 

1883, 121. Be it enacted, etc., as follows : Sect. 1. The com- 
missioners on inland fishei'ies may issue permits for the taking of aoy 
variety of fish in the tidal waters of the Merrimack River and its 
tributaries, the taking of which is now in any way prohibited b}^ law. 
Such permits shall be revocable at the discretion of said commis- 
sioners, and no fee or consideration shall be charged for the issuing 
of the same. 

Sect. 2. This act shall take effect upon its passage. — [April 11, 
1883. 

An Act to regulate the taking of Fish in Acushnet River in the town of Acushnet. 

1883, 180. Be it enacted etc., as follows: Sect. 1. The town of 
Acushnet may at any legal meeting called for that purpose make regu- 
lations, not inconsistent with the provisions of the laws of the Com- 
monwealth, concerning the taking of herrings, alewives and shad 
within said town, or concerning the disposal of the privilege of taking 
the same for its own use and benefit. 

Sect. 2. Said town may, at its annual meeting in April in the 
year eighteen hundred and eight}-- three, and in each jear thereafter, 
choose three discreet persons by ballot whose dut}' it shall be to 
inspect said river, to cause the regulations respecting said fishery to 
be carried into effect and to prosecute all violations thereof. 

Sect. 3. Whoever takes from said river any of said fish in viola- 
tion of said regulations shall forfeit for each fish so taken not more 
than ten dollars nor less than one dollar, one half of all such forfeit- 
ures shall enure to the complainant and one half to said town. 

Sect. 4. The powers and duties granted by this chapter, shall bo 
subject in all respects to the rights heretofore granted to the city of 
New Bedford under chapter one hundred and sixty-three of the acts 
of the year eighteen hundred and sixty-three, and nothing contained 
in this act shall in any way be construed as permitting or authorizing 
any interference with the water supply of said city, or authorizing anj- 
control in or in any way appl3ing to the storing reservoir of said cit}' 
or any works connected with its water suppl}^ nor shall an}- such 
fishery be permitted to be operated in said reservoir or in any portion 
of said water supply. 



INLAND FISHERIES. 383 

Sect. 5. This act shall take effect upon its passage. — [May IG, 
1883. 

1884. 

[1856, 211.] 

An Act to dissolve the Farm Pond Fishing Company in Edgartown. 

1884, 156. Be it enacted, etc., as foUoios : Sect. 1. The Farm 

Pond Fishing Comoany in Edgartown, incorporated by chapter two 

hundred and eleven of the acts of the year eighteen hundred fifty-six, 

is hereb}^ dissolved. 

Sect. 2. This act shall take effect upon its passage. — [April 16, 
1884. 

[P. S. 91, $^ 51, 53.] 
An Act to limit the time within which Trout, Land-locked Salmon, and Lake Trout 

may be taken. 

1884, 171. Be it enacted, etc., as follows : Sect. 1. The time 
within which any person is forbidden to take, sell, offer or expose for 
sale or to have in his possession a trout, land-locked salmon, or lake 
trout, bA' sections fifty-one and fifty-three of chapter ninety-one of the 
Public Statutes, shall be between the first day of September and the 
first day of April. 

Sect. 2. So much of said sections fifty-one and fifty-three as is 
inconsistent with this act is hereby repealed. — [April 19, 1884. 

[1872, 229,] 

An Act in addition to an act to regulate the taking of Fish in North River in' the 

county of Plymouth. 

1884, 199. Be it enacted, etc., as follows : Sect. 1. Whoever 
sets a seine or combination of seines over three hundred and eighty- 
five feet in length, or casts a m.esh net over three hundred and fifty 
feet in length, in the North River in the county of Plymouth, shall for 
each offence be punished b}' fine not less than twenty-five nor more 
than one hundred dollars, or by imprisonment in the house of correc- 
tion not less than one nor more than three months. 

Sect. 2. Section forty-one of chapter ninety-one of the Public 
Statutes shall not apply to th« fisheries in said North River. 

Sect. 3. This act shall take effect upon its passage. — [April 30, 
1884. 



[1882, 102.] 
Ax Act concerning the Fisheries in waters of the county of Dukes County. 
1884, 245. Be it enacted, etc., as follows: Sect. 1. Section one 
of chapter one hundred and two of the acts of the year eighteen hun- 
dred and eighty-two is amended to read as follows : — Section 1 . The 
lessees holding from the commissioners on inland fisheries a lease of 



384 LAWS KELATING TO 

any body of water in the county of Dukes County, and all other per- 
sons having the right to take alewives in any other waters in said 
county, ma}- take alewives from said waters and from the ditches con- 
necting them with each other and with the ocean at all seasons of the 
year and without restrictions as to day. 

Sect. 2. Section two of said chapter one hundred and two is 
amended to read as follows : — Section 2. Whoever other than said 
lessees or any other person duly authorized takes any fish, except 
eels, from an}'^ of said waters, or ditches without the permission in 
writing of said lessees or said person duly authorized first obtained, 
shall forfeit one dollar for each fish so taken, and shall also forfeit any 
boat, net, line, rod or other apparatus used in such taking in accord- 
ance with the provisions of chapter one hundred and ninety-four of 
the Public Statutes. 

Sect. 3. This act shall take effect upon its passage. — [May 20, 
1884. 

[1839, 102; 1852, 35; 1860, 46.] 
An Act to protect the Fisheries of the towns of Mashpee and Barnstable. 

1884, 264. Be it enacted, etc., as follows : Sect. 1. No person 
not an inhabitant of the town of Mashpee shall fish for or take from 
the waters within said town, except Hamblin's Pond and its outlet, 
and excepting the trout fishery in Popponessett Bay, south of a line 
drawn from Gooseberry Island to Mashpee Neck, any fish, shell-fish 
or eels, without a written permit or lease from the selectmen of said 
town, stating the time, place, manner and number in which the same 
may be taken ; nor shall any inhabitant of said town at any one time 
take more than three bushels of shell-fish for bait, or take any fish, 
shell-fish or eels for the purpose of selling the same, without a written 
permit from said selectmen, who may grant the same for such sum, to 
be paid to the use of said town, as they shall deem proper : provided, 
however, that no seining shall be allowed in any of the waters of said 
town ; but the inhabitants of said town may take such fish, -shell-fish 
and eels for famil}^ use without such permit, except from such fish- 
eries as are lawfully leased by said town to others. 

Sect. 2. Whoever fishes for, takes or destroys any fish, shell-fish 
or eels in the waters of said town of Mashpee in violation of the pro- 
visions of tliis act, or otherwise than is specified in his permit, and 
whoever wilfully places any obstruction to, or otherwise interferes 
with, the free passage of fish or eels in said waters, shall for each 
off'ence be subject to a fine of not less than fifty nor more than one 
hundred dollars and costs of prosecution, and if he have a permit 
shall forfeit the same ; and all fines under this act shall be paid, one- 
half to the town of Mashpee and one-half to the complainant. Said 



INLAND FISHERIES. 385 

fine and forfeiture imposed under tliis act, may be recovered by com- 
plaint before any trial justice, or by indictment before an}' court of 
competent jurisdiction in Barnstable County. 

Sect. 3. Any constable or fish warden of said town may, without 
a warrant, arrest any person whom he finds in the act of fishing for, 
taking or destroying fish, shell-fish or eels, in violation of this act, or 
in the act of carrj-ing away fish, shell-fish or eels so taken, and detain 
him in some place of safe keeping until a warrant can be procured 
against such person upon a complaint for said oflTences, or either of 
them : provided^ that such detention shall not exceed twenty-four 
hours. 

Sect. 4. Section one of chapter thirty-five of the acts of the year 
eighteen hundred and fiftj'-two is hereby amended so as to read as 
follows : — No. person shall set, draw or stretch any seine or drag-net 
in Barnstable Harbor, Osterville Harbor, Popponessett Bay, or any of 
the creeks, ponds or streams within the limits of the town of Barnsta- 
ble, under a penalty of not less than fifty nor more than one hundred 
dollai's, to be recovered in any court proper to try the same, one-half 
to the use of said town and the other half to any person who shall 
prosecute therefor. 

Sect. 5. All acts and parts of acts inconsistent herewith are 
hereby repealed. — [May 24, 1884. 

[1882, 166.] 
An Act relative to Fishing in the Merrimac River. 
1884, 317. Be it enacted, etc., as follows : Sect. 1. Section one of 
chapter one hundred and sixty-six of the acts of the year eighteen 
hundred and eighty-two is hereby amended hy inserting after the word 
" seine " and before the word " after " in the fourth line thereof, the fol- 
lowing words " with a mesh not less than two and a quarter inches." 
Sect. 2. This act shall take eflect upon its passage. — [June 3, 
1884. 

An Act to prevent the use of Nets in Ponds. 

1884, 318. Be it enacted, etc., as follows: Sect. 1. Whoever 
draws, sets, stretches or uses a drag net, set net, purse net or seine 
in any pond in the Commonwealth, or aids in so doing, shall be pun- 
ished by a fine of not less than twenty, nor more than fifty dollars, 
one half of which shall be paid to the person making the complaint, 
and the other half to the county within which the offence was commit- 
ted, and in addition shall forfeit to the Commonwealth all fish taken 
by the above means and the seines, boat and other apparatus used. 

Sect. 2. Trial justices, police and district courts shall have juris- 
diction to enforce the penalties provided in section one of this act. 



386 LAWS RELATING TO 

Sect. 3. This act shall not be construed to interfere with the 
rights of lessees of great ponds in the counties of Barnstable, Dukes 
County and Nantucket, into which the usual varieties of salt water 
fish are or may be admitted by natural or artificial inlets and which 
under existing leases have been seined or which may be leased with 
permission to seine the same, nor the riparian proprietors of ponds 
mentioned in section ten of chapter ninety-one of the Public Statutes, 
nor with the corporated rights of any fishing company. — [June 3, 1884. 

[1886, 234.] 

[P. S. 91, ^ 97-101.] 
An Act relating to the planting and growing of oysters. 

1884, 284. Be it enacted, etc., as follotos: Sect. 1. The provi- 
sions of sections ninety-seven, ninety -eight, ninety-nine, one hundred 
and one hundred and one of chapter ninety-one of the Public Statutes 
relating to the planting and growing of oysters are hereby extended 
so as to apply to any waters where there is no natural oyster bed, not 
however impairing the private rights of any person, and not materially 
obstructing any navigable waters. 

Sect. 2. Section ninety-seven of said chapter ninety-one is hereby 
amended by striking out the word " twenty " in the third line and in- 
serting in place thereof the word "^ ten." 

Sect. 3. This act shall take effect upon its passage. — [May 28, 
1884. 

1885. 

[P. S. 91.] 
An Act relating to the Leasing of Great Ponds. 

1885, 109. Be it enacted, etc., as follows: Sect. 1. So much of 
chapter ninety-one of the Public Statutes, relating to inland fisheries, 
as authorizes the commissioners on inland fisheries to lease great 
ponds, is hereby repealed. 

Sect. 2. This act shall take eflFect upon its passage. — [March 27, 
1885. 

An Act to prevent the taking of Blue-fish with nets or seines in the waters of Vineyard 
Sound opposite to the towns of Yarmouth, Dennis and Harwich. 

1885, 193. Be it enacted, etc., as follows: Sect. 1. Whoever 
takes any blue-fish in the state waters of Vineyard Sound opposite to 
the towns of Yarmouth, Dennis and Harwich, with nets or seines, 
shall be punished b}^ a fine often dollars for each offence, one-half of 
which shall be paid to the person making the complaint and one-half 
to the county of Barnstable. 

Sect. 2. This act shall take effect on the first day of July in the 
year eighteen hundred and eighty-five. — [April 24, 1885. 



INLAND FISHERIES. 387 



An Act confirming the acts of the fish committee of the towns of Dennis and Yar- 
mouth relating to the regulation of the Fisheries in Bass River. 

1885, 209. Be it enacted^ etc., as fullo'vs : Sect. 1. The acts of 
the committee of the town of Dennis and the committee of the town 
of Yarmouth, acting as a fish committee under cliaptor thirtj'-seven of 
the ai'ts of the year one thousand eight hundred and fortj'-nine, are 
hereby made valid and confirmed to the same extent as though the 
committee of the town of Dennis had been chosen annually instead of 
fur the term of three years, and the sai<l committee as now consti- 
tuted sliall continue to exercise the powers of fish committee under said 
chapter until their successors are cliosen at the next annual town 
meetings in said respective towns. 

Sect. 2. This act shall take efl["ect upon its passage. — [May 1, 
1885. 

[P. S. 91, i^^ 97-101; 1884,284.] 
Ax Act relating to licenses to plant, grow and dig Oysters, and to the taking of 

Scallops. 

1885, 220. Bn it enac'ed, etc., as follows: Sect. 1. No license 
shall lie granted to plant, grow and dig oysters under sections ninety- 
seven, ninety-eight, ninety-nine, one hundred and one hundred and 
one of chapter ninety-one of the Public Statutes, and chapter two 
hundred and eighty-fuur of the acts of the year eighteen hundred 
eighty-four, without a public hearing upon the matter, due notice of 
which shall be given in writing, to be posted in three or more public 
places in the town in which the premises lie, at least seven days be- 
fore the time fixed for such hearing. 

Sect. 2. In case an}' person to whom such license shall be granted 
fails for two 3'ears thereafter to plant and grow 03'sters in the waters 
described in said license, the same shall be revoked by the oflScers 
who granted it, which revocation shall be recorded as provided in 
said section ninety-eight. 

Sect. 3. Whoever takes in any one day, between sunrise and sun- 
set, more than twenty-five bushels of scallops, including the shells, 
for each boat actually employed b}' him in taking the same, shall be 
punished by a fine not exceeding twenty dollars for each offence. 

Sect. 4. An}' person who at any time between the fifteenth day of 
April and the first day of September shall take scallops from any of 
the waters of the state by dredging, or by nets of any kind, or shall 
expose any scallops fur sale within the state, or shall export the 
same, shall be punished by a fine not exceeding twenty dollars for 
each offence. 

Sect. 5. Whoever works a dredge, oyster tongs or rakes, or any . 
other implement for the taking of shell fish of any description, upon 



388 LAWS EELATING TO 

any oyster grounds or beds, other than public grounds or beds, with- 
out the consent of the hcensee, lessee or owner thereof, or who shall, 
while upon or sailing over any such grounds or beds, cast, haul, or 
have overboard any such dredge, tongs, rake or other implement for 
the taking of shell fish of any description, under an}' pretence or for 
any purpose whatever, without the consent of the licensee, lessee or 
owner, shall for the first oflTence be punished by a fine not exceeding 
twent}' dollars or by imprisonment in jail not exceeding thirty daj's, 
and for every subsequent offence shall be punished b}' a fine not ex- 
ceeding fifty dollars, or by imprisonment in the house of correction or 
jail not exceeding six months. 

Sect. 6. The selectmen of any town or mayor and aldermen of 
any city may designate one or more constables for the detection and 
prosecution of any violation of the laws of the state relating to shell 
fisheries, within their respective jurisdictions. Each of said consta- 
bles so designated may without warrant arrest any person found violat- 
ing any of said laws, and detain him for prosecution not exceeding 
twenty-four hours, and may seize an}' boat or vessel used in such vio- 
lation, together with her tackle, apparel and furniture, with all imple- 
ments belonging thereto, which shall be forfeited to the use of the 
town or city in which such seizure is made. — [May II, 1885. 

[1857, 87 ; 1862, 47-] 
An Act to amend the charter of the Lagoon Pond Company in Dukes County. 

1885, 245. Be it enacted, etc., as folloivs : Sect. 1. The Lagoon 
Pond Company in Dukes County, incorporated by chapter eighty- 
seven of the acts of the year eighteen hundred and fiftj'-seven for the 
purpose of creating a herring and perch fisher}', is hereby authorized 
to use the pond above the dam at Long Point lor the purpose of stor- 
ing therein food fishes. 

Sect. 2. Said corporation shall during the occupancy of said 
pond for storing food fishes be required to post notices of the fact of 
such occupancy on the shores of said pond ; and during such occu, 
pancy said corporation and its agents shall have the exclusive right 
to take fish therefrom, except that any person may spear eels or dig 
clams therefrom. 

Sect. 3. Whoever without leave from said corporation, during 
the occupanc}' of said pond for storing food fishes, takes fish there- 
from, except as provided in section two of this act, shall be punished 
by a fine of not less than five nor more than fifty dollars. 

Sect. 4. Trial justices may enforce the penalties provided by this 
act. — [May 21, 1885. 



INLAND FISHE'aES. 389 

[1882, 65.] 
An Act to repeal An Act for the protection of Striped Bass and Bluefish in the waters 

of Edgartown. 

1885, 247. Be it enacted, etc., as follows : Sect. 1. Chapter sixty- 
five of the acts of the j'ear eighteen hundred and eighty-two is hereby 
repealed and no penalty shall hereafter be enforced for its violation. 

Sect. 2. This act shall take effect upon its passage. — [May 22, 
1885. 

[1884, 212.] 
An Act providing for the enforcement of an Act for the protection of Lobsters. 

1885, 256. Be it enacted, etc, afi follows : Sect. 1. For the pur- 
pose of enforcing the provisions of chapter two hundred and twelve 
of the acts of the year eigliteen hundred and eighty-four, relative to 
the protection of lobsters, either of the commissioners on inland fish- 
eries, personally or by deputy, or any member of the district police 
detailed by the governor as provided in said chapter, may search in 
suspected places for, seize and remove, lobsters taken, held or offered 
for sale in violation of the provisions of said chapter. 

Sect. 2. This act shall take effect upon its passage. — [May 22, 
1885. 

1886. 

[1872,229; 1876,103; 1881,44; 1883,76; 1884,199] 
An Act to regulate the taking of Fish in North River in the County of Plymouth. 

1886, 163. Be it enacted, etc., as follows : Sect. 1. The board of 
selectmen of either of the towns mentioned in section four of chapter 
forty-four of the acts of the year eighteen hundred and eighty-one, 
may, at the request of any purchaser of a right to fish in said river, 
designate in writing the place where said right shall be exercised on 
that part of the river lying within the limits of such town ; and who- 
ever, after notice of such designation, uses any seine or net for taking 
fish in the waters of said river, within the distance of one-third of a 
mile below the place so designated, shall be punished as provided in 
section six of said chapter. 

Sect. 2. This act shall take effect upon its passage. — [April, 27, 
1886. 

An Act for the protection of the Fisheries in Buzzard's Bay. 

1886, 192. Be it enacted, etc., as follows: Sect. 1. No person 
shall draw, set, stretch or use any drag net, set net or gill net, purse 
or sweep seine of any kind for taking fish anywhere in the waters of 
Buzzard's Bay wit'jin the jurisdiction of this Commonwealth nor in 
any harbor, cove or bight of said ba}' except as hereinafter provided., 

Sect. 2. An}^ net or seine used in violation of any provision of 



390 LAWS KELATING TO 

this act, together with any boat, craft or fishing apparatus emplo3'ed in 
such illegal use, and all fish found therewith, shall be forfeited ; and it 
shall be lawful for any inhabitant or inhabitants of any town bordering 
on said bay to seize and detain, not exceeding forty-eight hours, any 
net or seine found in use contrar^^ to the provisions of this act, and any 
boat, craft, fishing apparatus and fish found therewith, to the end that 
the same may\ be seized and libelled if need be by due process of law. 

Sect. 3. All nets and seines in actual use set or stretched in the 
waters aforesaid in violation of this act are declared to be common 
nuisances. 

Sect. 4. Nothing contained in this act shall be construed to in- 
terfere with the corporate rights of any fishing compan}^ located on 
said bay nor in any wa}' to affect the fish weirs mentioned in section 
seventy of chapter ninety-one of the Public Statutes, nor the use of 
nets or seines in lawful fisheries for shad or alewives in influent 
streams of said ba}-, nor the use of the set nets or gill nets in the 
waters of the town of Fairhaven within a line drawn from Commorant 
rock southwesterly to the buoy on West island rips and from thence 
westerly in a straight course through the buoy on West island ledge 
to the town line of Fairhaven. 

Sect. 5. Whoever violates any provision of this act or aids or 
assists in violating the same shall pay a fine not exceeding two hun- 
dred dollars for each offence. 

Sect. 6. District courts and trial justices shall have concurrent 
jurisdiction with the superior court of all offences and proceedings 
under the provisions of this act. 

Sect. 7. All fines received under this act shall be paid one-half to 
the complainant and the other half to the Commonwealth. All mone3's 
from any forfeitures incurred under this act shall inure and be paid 
one-fourth to the informer and one-fourth to the person filing the libel 
and the other half to the Commonwealth. — [Ma^^ 6, 1886. 

An Act to prohibit the seining of Blnefish in the waters of Vineyard Sound opposite 
the towns of Barnstable and Mashpee. 

1886, 202. Be it enacted, etc., as foHoivi: Sect. 1. Whoever in 
any inlet, ba}' or arm of the sea within three miles of the shore of 
Barnstable or Mashpee, or in the waters of Vineyard Sound within 
three miles of the shore of said towns, takes bluefish with a seine or 
net of any kind, or for the purpose of taking bluefish sets, stretches 
or draws a seine or net, shall be punished bj- a fine of one hundred 
dollars, and shall forfeit to the Commonwealth any fish so taken. 

Sect. 2. One-half of the penalty collected under this act shall be 
paid to the person or persons making the complaint, and the remain- 
der to the county of Barnstable. — [May 15, 1886. 



INLAND FISHERIES. • 391 

[1884, 318.] 
An Act for the protection of Fish in a portion of the county of Dukes County. 

1886, 234. Be it enacted, etc., as follows: Sect. 1. Whoever sets 
or uses, or aids in setting or using an}^ seine, mesh net or gill net for 
the purpose of catcliing any other fish than mackerel, or who shall 
catch and retain by such means any other fish than mackerel, in the 
waters of the towns of Edgartown and Cottage Cit}^ in the county of 
Dukes county within three miles from the shores of said towns shall 
be punished by a fine of not exceeding two hundred dollars, one-half 
of which shall be paid to the person making the complaint ; and in 
addition, in the discretion of the court, shall forfeit to the Common- 
wealth all fish taken in said nets. 

Sect. 2. A sheriff, deputy sheriff, constable or police officer, upon 
view of an offence described in the preceding section, may without a 
warrant arrest the offender and make complaint against him therefor. 

Sect. 3. The provisions of this act shall not be construed to inter- 
fere with the rights of any person or persons referred to in section 
three of chapter three hundred and eighteen of the acts of the year 
eighteen hundred and eighty-four, nor with the corporate rights of 
any fishing company. — [Maj- 21, 1886. 

[P. S. 91.] 

An Act relative to proceedings for violations of the terms and conditions of Leases 

of Great Ponds. 

1886, 248. Be it enacted, etc., as follows: Sect. 1. District at- 
torneys or the commissioners on inland fisheries shall institute pro- 
ceedings, in the name of the Commonwealth, against the lessees of 
great ponds who have failed or may hereafter fail to comply with the 
terms and conditions of their leases, upon the complaint of the mayor 
or ten citizens of an}' city, the selectmen or ten citizens of any town 
wherein any great pond has been leased uuder the laws relating to 
inland fisheries. 

Sect. 2. The provisions of section seventeen of chapter ninety- 
one of the Public Statutes shall not apply to great ponds that have 
re-vested in the Commonwealth for failure to comply with the terms 
and conditions of the leases of the same. 

Sect. 3. So much of chapter ninety-one of the Public Statutes as 
conflicts with section one of this act is hereby repealed. — [May 28, 
1886. 

An Act relating to licenses to plant, grow and dig Oysters, and extending the time in 
which Oysters may be taken. 

1886, 299. Be it enacted, etc., as folloius: Sect. 1. No license 
to plant, grow and dig oysters, shall be assigned or transferred with- 
out the written consent of the mayor and aldermen of the cil^-, or the 



392 INLAND FISHERIES. 

selectmen of the town in which the premises described in the license 
are situated, and no license shall be granted, assigned or transferred 
to persons who are not inhabitants of the city or town wherein the 
licensed premises are situated. 

Sect. 2. The authorit}- to dig, take or carry away oysters from 
any premises for which a license has been granted is hereby limited to 
the hours in each day between one hour before sunrise and one hour 
after sunset. 

Sect. 3. Any person holding a license who violates any of the 
provisions of the acts relating to the planting and growing of oysters, 
or any of the provisions of this act, shall, in addition to the penalties 
now provided, forfeit his license and the oysters remaining on the 
premises licensed, to the town or city wherein the premises are situ- 
ated.— [June 21, 1886. 

Resolution concerning the obstruction to the passage of Shad in the Connecticut River. 

Whereas, It appears that by the maintaining a dam across the Con- 
necticut River at Enfield, in the state of Connecticut, by parties in the 
jurisdiction of the state of Connecticut, the shad fisheries of the citi- 
zens of Massachusetts are practically destroyed, because of the ob- 
struction of said dam to the run of the shad up the river ; and 

Wliereas, The dam is almost an impassable barrier to the passage 
of the fish, and Massachusetts citizens being thus dept ived of the shad, 
there is little inducement for Massachusetts to continue the artificial 
propagation and cultivation of the shad in that river ; and 

Wliereas, If the obstruction of the dam was modified as it might be, 
to allow the passage of the fish, Massachusetts would gladly, in con- 
junction with Connecticut, re-establish the hatchery at South Hadley, 
as the artificial cultivation and propagation of shad is now so well 
understood and is so successful that the Connecticut river can be 
stocked with shad plentifully and cheaply, to the great benefit of the 
people of both states ; therefore, 

Resolved, That the Commonwealth of Massachusetts respectfully 
suggests to the state of Connecticut that mutual measures be taken 
by the said states for the restoration of the shad to the river. 

That a copj^ hereof be transmitted b}- His Excellency the Governor 
to his Excellency the Governor of Connecticut. 

In House of Representatives, adopted April 7, 1886. 
In Senate, adopted in concurrence, April 9, 1886. 



INDEX. 



A. 

Page 

Accord Pond, alewives and shad . 118 

Acquesnet River, New Bedford, ale- 
wives 43 

Actions and prosecutions, when to be 
commenced .... 320, 330 

Acton, alewives and shad . . . 115 

Acusbnet River, Acushnet, herring, 
alewives and shad .... 382 

Acushnet River, New Bedford and 
Fairhaven, herring .... 244 

Adams and Wiiliamstown, Hoosick 
River, seines not to be used . . 179 

Agawam River, mouth of, fisheries • 50 

Agawam or Westfield River, ale- 
wives, salmon and sbad . 18, 24, 138 

Agawam or Westfield River, West 
Springfield, alewives, shad or other 
fish, 138, 193 

Agawam and Half-way Pond Rivers, 
Plymouth, alewives and shad . 230 

Agawam and Half-way Pond Rivers, 
Plvmouth and Wareham, alewives 
and shad . . 214, 258, 286, 294, 342 

Alewife River to Whitman's Pond, 
Wevmouth, alewives . . . 187 

Alewives, fisheries regulated, 9-12, 319,326 

Alewives, Taunton, price may be 
fixed by the selectmen ... 65 

Alewives and herring, fisheries may 
be established by cities and towns, 302 

Andover, Merrimack River, alewives 
and shad . . 16, 51, 58, 69, 132, 180 

Andrews Fishing Company, in Har- 
wich, incorporated . . . 207, 221 

Apponigansett River, Dartmouth, 
seining prohibited .... 264 

Artificial propagation of fish, com- 
missioners to consider the matter . 279 

Ashumet Pond to Bourne's Pond, 
Falmouth, alewives . . . 293 

Assawampset Brook, alewives . 45, 153 

Assonet Fishing Company, herring 
and alewives 286 

Avery Brook, Charlemontand Heath, 
trout 314 

B. 

Baker's Pond and Drain Fishing 
Company, in Yarmouth, incorpo- 
rated 282 

Ballast not to be cast near the shore 
under penalty 4 

Barker's River, Pembroke, ale- 
wives .... 37, 274, 297 



Page 
Barlow River, Sandwich, oysters . 3'29 
Barlow's Pond, Mattapoisett, ale- 
wives and herring .... 298 
Barlow's Pond, Mattapoisett, eels . 344 
Barnstable, shell-fish for bait . . 377 
Barnstable, Herring River, ale- 
wives 223, 247 

Barnstable, Jones' Mill Creek, trout, 312 
Barnstable, Nine Mile Pond Fishing 

Company, incorporated . 289, 352, 357 
Barnstable, Oyster Island Harbor, 

seining prohibited . . . . 218 
Barnstable and Mashpee, seining reg- 
ulated .... 276, 385, 390 
Barnstable and Mashpee, shell-fish- 
eries regulated . . 276, 377, 384 
Barnstable and Mashpee, Poppones- 

sett Harbor, seining prohibited, 218, 385 
Barnstaple and Mashpee, Osterville 
Harborand Popponessett Bav, sein- 
ing prohibited, . . ". 249,385 
Bass, black, fishery regulated, 306, 319, 324, 

370 
Bass, striped, and bluefish, Edgar- 
town 378,389 

Bass, tantog and lobsters, Edgar- 
town, Chilmark and Tisbury . . 186 
Bass, tautog and lobsters, Fairhaven, 
New Bedford, Dartmouth and 

Westport 178, 374 

Bass, tautog and lobsters, Falmouth, 188 
Bass, tautog, scuppaug, bluefish and 
lobsters, Buzzard's Bay, Sandwich 
and Wareham .... 275, 375 
Bass River, Dennis and Yarmouth, 
alewives, herring, salmon, trout 
and perch . . . 241,355,387 
Bass River, Yarmouth and Dennis, 

smelts 313 

Beaver Brook, Dracut, alewives . 177 
Berkley, Taunton Great River, ale- 
wives and shad . 168. 200, 225, 268 
Beverly and Danvers, Porter's, Crane 

and Waters Rivers .... 264 
Billerica, alewives and shad . 145, 175 
Black bass, fishery regulated, 319, 324, 370 
Black bass. Lake Cochituate . . 324 
Black bass and trout, fisheries regu- 
lated 306 

Bluefish, Sandwich and Wareham, 

Buzzard's Bay .... 276 
Bluefish, Vineyard Sound, Barnsta- 
ble and Mashpee .... 390 
Bluefish, Vineyard Sound, Yar- 
mouth, Dennis and Harwich, nets 
and seines prohibited . . . 386 



394 



INDEX. 



Page 

Bluefish and striped bass, Edgar- 
town 378,389 

Bourne's Pond to Ashumet Pond, 
Falmouth, alcwives . . . 293 

Bowman's Pond, Falmouth, select- 
men may permit seines to be used, 266 

Boxford, Ipswich River, seining pro- 
hibited 273 

Boxford, Parker, Falls and Rowley 
Rivers, alewives, Vrnss, shad and 
other fish 126 

Boxford, Rush, Little and Johnson's 
Ponds to Merrimack River, ale- 
wives 106 

Bradford, Merrimack River, ale- 
wives, salmon and shad . . 96, 101 

Braintree, Great and Little Ponds, 
pickerel or pike .... 179 

Braintree, Monatiquot River, ale- 
wives 79 

Braintree, Monatiquot River, ale- 
wives and other fish . . 137, 219 

Braintree, Monatiquot River, ale- 
wives and shad .... 345 

Braintree, Monatiquot River, ale- 
wives, shad and smelts . . 159, 200 

Braintree, Monatiquot River, herring 
and other tish 212 

Braintree, Monatiquot River, smelts, 160 

Brewster, alcwives . . . 138,260 

Brewster, fisli-weirs .... 260 

Brewster, sliell-fisheries . . . 335 

Bridgewater, alewives, 62, 85, 89, 1.53, 163 

Bridgewater, Taunton Great River . 196 

Bridgewater, Titicut River, alewives 
and shad 184, 189 

Bridgewater and West Bridgewater, 
Town River, shad, herring and 
alewives; tishways . . 326,347 

Brighton, Charles River, alewives 
and shad .... 146, 191 

Bristol County , fisheries regulated, 354, 373 

Brook, River Meadow, Chelmsford, 
passage of fish . . . .59 

Buzzard's Bay, seining regulated, 321, 335, 
354, 373, 389 

Buzzard's Bay, Sandwich and Ware- 
ham, lobsters, bluefish, tautog, 
bass and scuppaug . . . 275 

Buzzard's Bay and Vineyard Sound, 
menhaden 299 



Caleb's Pond Compan.y in Edgar- 
town, herring and perch fishery . 280 

Cambridge, Fresh Pond, seines not 
to be used 70 

Cambridge, Mystic River, alewives 
and shad . . .29, 60, 104, 136, 173 

Cambridge and West Cambridge, 
Fresh Pond Meadows, alewives 
and shad 135 

Canton, Neponset River, alewives, 
shad and other fish . . 67,78 

Canton, Pemkapoag Pond, pickerel 
or pike 179 

Cape Pond, Gloucester, alewives . 157 

Carlisle, River Meadow Brook, pas- 
sage of fish 59 

Carver, Weweantit River, shad and 
alewives .... 71, 168, 346 



Page 
Carver and Plymouth, East Head, 

trout 307 

Chappaquansett Pond and Creek, 

Tisimry, herring and alcwives, 197, 236 
Charlemont and Heath, Avery Brook, 

trout 314 

Charles River, fisheries . 76, 130, 140 
Charles River, alewives and shad . 139 
Charles River, tonicod and smelts . 163 
Charles River, Brighton, alewives 

and shad 146, 191 

Charles River, Watertown, alewives 

and shad 150, 191 

Charlestown, Mystic River, alewives 

and shad . . .29, 60, 104, 136, 173 
Charters, ancient, fisheries regulated, 6 
Chatham, eel fishery .... 134 
Chatham, shell-fish'for bait . . 377 
Chatham, fish-weir by Thomas L. 

Eldridge and others . . . 261 
Chatham, fish-weir by Thomas Spar- 
row and others .... 261 
Chatham, fish-weir by Samuel Young, 261 
Chatham, Nauset Beach, fish -weir . 261 
Chatham and Harwich, Skinnaquits 
Fishing Company, incorporated . 198, 
209, 221 
Chebacco Pond, Ipswich, alewives 

and shad 127 

Chelmsford, Concord River, alewives, 

salmon and shad .... 172 
Chelmsford, River Meadow Brook, 

passage of fish .... 59 
Chelmsford, Stoney Brook, passajre 

offish 113,123 

Chilmark, fish-weir by Abner and 

George May hew . . . . 265 
Chilmark, lobsters, tautog, bass and 

other fish 186 

Chilmark Pond, Wequabsqua Fish- 
ing Company 246 

City and town authorities may regu- 
late the taking of eels and certain 

shell-fish 356 

Clam fishery, Winthrop . . . 336 
Clams, taking may be regulated by 

city and town authorities . 356, 371 
Clapp's Pond, Provincetown, pick- 
erel 294 

Close seasons .... 318-320 
Coccnius Indicus or other poisonous 
articles not to be used for destruc- 
tion of fish .... 197,368 
Cocheco Brook, alewives . . 58, 132 
Cochituate I^ake, black bass . . 324 
Cohasset Gulf Stream, alewives 82, 88 
Cohasset and Scituate, alewives . 254 
Cohasset and Scituate, Mushqiiash- 

uit Creek, eels .... 343 
Cole's and Lee's Rivers, Swansea, 

seining regulated .... 314 
Cole's River and Milford Pond, 

Swanzey, herring and shad . . 380 
Commissioners of fisheries, for Merri- 
mack and Connecticut Rivers . 303 
Commissioners of fisheries, to exam- 
ine dams throughout the state . 309 
Commissioners on inland fisheries, 
general powers and duties, 312, 315, 320, 

362 
Commissioners on inland fisheries, 
leasing great ponds, 316, 323, 330, 363, 
386, 391 



INDEX. 



395 



Page 



340 



363 



339 



Commissioners on inland fisberics, 
may occupy great ponds for fish 
culture, etc 

Commissioners on inland fisheries, to 
examine dams and fishways upon 
Connecticut and Merrimack Rivers, 

Commissioners on inland fisheries, 
to investipate fisheries on North 
River, Plymouth County 

Commissioners on inland fisheries, 
returns to be made by owners of 
weirs, etc., of fish taken . . 341, 356 

Concord River, fisheries . . 71, 205 

Concord River, mouth of, alewives, 
salmon and shad . . 39, 127, 172 

Concord River, Billerica, alewives 
and shad 145 

Conjramon Ponds, Southwick, fish 
not to be taken with seines or nets, 193 

Connecticut River, fisheries regu- 
lated . 45. 69, 358, 360, 366, 367, 369 

Connecticut River, alewives and 
shad . . . ,, . 332,349 

Connecticut River, fish not to be taken 
within four hundred yards of a fish- 
way 360 

Connecticut River, salmon . . 311 

Connecticut River, salmon and shad, 132. 

205, 313 

Connecticut River, shad . 253, 323, 336 

Connecticut River, resolution, pas- 
sage of shad 392 

Connecticut River, size of mesh pre- 
scribed . . . 295, 318, 348, 367 

Connecticut River, commissioners to 
be appointed; construction of fish- 
ways .... 303, 320, 340 

Connecticut River, attention of state 
of Connecticut called to the dam at 
Enfield F'alls 

Connecticut River, fishways, etc., 
to be examined by commissioners . 

Connecticut River, Holyoke, height 
of dam 

Connecticut River, Holyoke, fishway 
over dam 312 

Connecticut River, South Hadley 
Falls, salmon and shad . . 61, 161 

Coonamisset Pond, Falmouth, her- 
ring and alewives .... 237 

Cottage City and Edgartown, seining 
regulated 391 

Coy's Brook, Harwich, obstructions 
to be removed 267 

Coy's Brook Fishing Company, Har- 
wich, herring 223 

Crane, Porter's and Waters Rivers in 
Danvers and Beverly . . . 264 

Cultivation of useful fishes, 279, 309, 315, 
321, 323, 324, 325, 329, 330, 332, 340, 347 



306 
363 



300 



D. 



Fal- 



Dam Pond to Wild Harbor, 

mouth, alewives .... 255 
Dams, fishways . . . 303, 315, 340 
Danvers, alewives . . 14, 120, 142 
Danvers, Ipswich River, alewives and 

other fish . . . 129, 134, 177, 180 
Danvers and Beverly, Porter's, Crane 

and Waters Rivers .... 264 
Dartmouth, lobsters, tautog, bass and 

other fish 178, 374 



Page 

264 

53 

,367 
,246 



Dartmouth, Apponigansett River and 
tributaries, seining prohibited 

Dartmouth, Pasequaraanset River, 
alewives 

Deerfield River, size of mesh pre- 
scribed .... 318,348 

Dennis, alewives . . .211 

Dennis, alewives, herring, perch and 
eels 151 

Dennis, fish-weir, by Ira Wixon and 
Elijah Whittemore . . . .262 

Dennis, fish-weir b.r Barnabas W. El- 
dridge and others .... 262 

Dennis, Flax Pond to Sesuit Creek, 
alewives 251 

Dennis, Vineyard Sound, bluefish . 386 

Dennis and Yarmouth, Bass River, 
alewives, herring, salmon, trout 
and perch . , .241, 355, 387 

Dennis and Yarmouth Improvement 
Company may conduct fisheries ; 
artificial propagation of fish . . 379 

Dexter's River and Coonamisset 
Pond, Falmouth, herring and ale- 
wives 237 

Dighton, Newmasket River, alewives 
and shad 270 

Dighton, Taunton Great River, ale- 
wives and shad, 155, 168, 200, 225, 268 

Dorchester, Neponset River, ale- 
wives and other fish ... 67 

Dorchester, Neponset River, smelts 
and eels 181 

Dracut, Beaver Brook, alewives . 177 

Dracut, Peter's Pond, alewives . . 203 

Dukes County, fisheries regulated, 354, 373, 

383, 391 

Dukes County, leasing of Great 
Ponds, 323, 337 ; repealed . . 355 

Dukes County, smelts . . . 313 

Dunstable, Massapaug Ponds . . 120 

Duxbury, deposit of waste dressing 
in waters of 279 

Duxbury, Island Creek Brook, ale- 
wives 80 

E. 

East Bridgewater, Satucket River, 
shad, herring and alewives; fish- 
ways 326, 347 

East Falmouth, Herring River Com- 
pany, incorporated .... 293 

East Head, Carver and Plymouth, 
trout 307 

East Quittacus Pond, alewives, 94, 124, 154 

Eastham, fish-weir .... 244 

Eastham, Great Pond, alewives . 350 

Eastham Fishing Company, incorpo- 
rated 218 

Edgartown, eels 352 

Edgartown, harbor of, seining regu- 
lated .... 190, 277, 328 

Edgartown, lobsters, tautog, bass and 
other fish 186 

Edgartown, striped bass and blue- 
fish 378, 389 

Edgartown, Farm Pond Fishing 
Company, incorporated . . 275, 383 

Edgartown, Great Pond, Mattakce- 
sett Herring Fishery . • . . 247 

Edgartown, Great Pond and Job's 
Neck Pond through South Beach 
to the ocean . . . 359, 379, 383 



396 



INDEX. 



Edsartown Oyster Pond, seining reg- 
ulated 277 

Edffartown.Pocha Pond Meadow and 
Fishing Company, incorporated, 239, 248. 

272 
Edgartown, Saehaclaautacket Fish- 
ing Company, incorporated . . 220 
Edsrartown, trap's Creek Fishing 

Company, incorporated . 217, 239, 266 
Edgartown and Cottage City, seining 

regulated 391 

Eel River and Town Brook, Ply- 
mouth, herring .... 298 
Eels and shell-fish, Marshpee and 

Barnstable 384 

Eels, taking may be regulated by 
city and town authorities . . 356 

Eels, Chatham 134 

Eels, Edgartown .... 352 

Eels, Eel River, Plymouth . . 339 

Eels, Harwich 184 

Eels, Herring River, Wellfleet . . 344 
Eels, Ipswich River and tril)utaries, 349 
Eels, Jehu's Pond, Mashpee . . 336 
Eels, Jones River, Kingston . . 339 
Eels, Mattapoisett River and Bar- 
low's Pond 344 

Eels, Mushquashuit Creek, Scituate 

and Coliasset 343 

Eels, Muskeekit Island, Nantucket, 202 
Eels, Neponsct River, Dorchester 

and Milton 181 

Eels, North River in the county of 

Plymouth 350 

Eels, Orleans 69 

Eels and shell-fish, taking regulated 

by cities and towns . . . 371 

Egremont, Winchel's Pond, pickerel, 156 
Eldridge, Barnabas W., and others, 

fish-weir in Dennis .... 262 
Eldridge, Thomas L., and others, 

fish-weir in Orleans . . .261 
Eldridge, William W., and others, 

fish-weir in Harwich . . . 264 
Ell Pond, Mystic River, Maiden, 

alewives and shad . . . 84, 110 
Essex, Chebacco Pond, shad and 

alewives 127 

Essex, Mill River, alewives and shad ; 

fishways 352 

Essex Company, to maintain fishway, 
Merrimack River, at Lawrence . 278 



P. 



Fairhaven, lobsters, tautog, bass and 
other fish .... 178, 374 

Fairhaven, seining regulated . . 244 

Fall River, Mount Hope Bay, shell- 
fisheries 334 

Fall River, Taunton Great River, 
alewives and shad . . 168, 225, 268 

Fall River, Watuppa Pond, seining 
prohibited 345 

Falls River, alewives, shad and other 
fish 116, 133 

Falls River, Newbury, Rowlej' and 
Boxford, alewives, bass, shad and 
other fish 125 

Falmouth, alewives ... 75. 80 

Falmouth, fisheries regulated . 354, 373 



Page 
Falmouth, seining regulated . . 283 
Falmouth, lobsters, tautog, bass and 

other fish 188 

Falmouth, Ashumet Pond to Bourne's 

Pond, alewives .... 293 
Falmouth, Bowman's, Little and 
Perch Ponds, selectmen may per- 
mit seines to be used . . 266 
Falmouth, Dam Pond to Wild Har- 
bor, alewives . . . . . 255 
Falmouth, Dexter's River and Coona- 

misset Pond, herring and alewives, 237 
Rilmouth, Little Sipwissett Cran- 
berry and Fishing Company, 

incorporated 290 

Falmouth, Oyster Pond River Com- 
pany, alewives .... 267 
Falmouth, Waquoit Bay, seining 

prohibited 247 

Farm Pond Fishing Company, Edgar- 
town, incorporated . . . 275, 383 
First Herring Brook, Scituate, ale- 
wives 163 

Fish, six score and twelve, accounted 

to the hundred .... 3 
Fish, inspection and packing . . 353 
Fish, artificial propagation of, com- 
missioners appointed to consider 

the matter 279 

Fish culture, 279, 309. 315, 321, 323, 324, 
325, 329, 330, 332, 340, 347, 379 
Fish or lobsters, traps, trawls and 

seines not to be molested . . 377 
Fishery of ponds of more than 

tA'enty acres to he public . . 363 
Fishing, fowling and hunting to be 

free 3 

Fishways over dams . . . 303, 315 
Fishways over dams to be con- 
structed under direction of com- 
missioners 363 

Fish-wear Company, incorporated . 210 
Fish-weir, Brewster .... 260 
Fish-weir, Chatham .... 261 
Fish-weir, Dennis .... 262 
Fish-weir, Eastham .... 244 
Fish-weir, Harwich . . . 263, 264 
Fish-weir, Orleans . . . 261,263 
Fish-weir, Provincetown . . . 253 
Fish- weir, Yarmouth . . . 265 

Fish-weirs, construction of . . 345 
Fish-weirs, pounds, etc., owners to 
make returns of fish taken, to com- 
missioners .... 341, 3J6 
Fish-weirs, city and town authorities 

may authorize construction . . 273 
Flax Pond to Saugus River, Lynn, 

alewives and shad . . . 183, 343 
Flax Pond to Sesuet Creek, alewives, 2ol, 

360 
Flax Pond Fishing Company, 

Dennis, incorporated . . . 251 
Framingham, shad and alewives' . 50 
Framingham, seines not to be used . 176 
Freetown, Taunton Great River, ale- 
wives and shad . . 168, 225, 268 
Fresh Pond, Cambridge and Water- 
town, fisheries .... 70 
Fresh Pond Brook, Plymouth, ale- 
wives 78 

Fresh Pond Meadows, Cambridge 
and West Cambridge, alewives 
and shad 135 



INDEX. 



397 



G. 



Page 

157 



379 

308 



379 



245 

350 



247 



329 



95 
179 



Gloucester, Cape Pond, alewives 
Gloucester, Granite or Goose Cove 
Pond, lobsters . . • • 

Gosnold, Pasque Island Corporation, 

incorporated 

Granite or Goose Cove Pond, Glou- 
cester, lobsters and other fish 
Gravel Island, seining regulated, 245, 263, 

283, 322 
Great Barrington, pickerel . . 159 
Great Marsh Dyking, Water Power 
and Fishing Company, lisheries . 
Great Pond, Eastham, alewives 
Great Pond, Edgartown, Mattakee- 

set Herring Fishery 
Great Pond, Edgartown, seining reg- 
ulated 

Great Pond, We3'mouth, alewives 
Great Pond to Ipswich River, Mid- 
dleton, alewives .... 
Great and Little Ponds, Braintreeand 

Randolph, pickerel or pike 
Great Pond and Job's Check Pond, 
Edgartown, channel through South 
Beach to the ocean . . 359, 379, 383 
Great ponds, tish culture, etc , by 

commissioners . . . 340, 364 

Great Ponds, may be leased by com- 
missioners, 316, 323, 330, 332, 363; 

repealed 386, 391 

Great ponds, limits mav be fixed . 364 
Great Ponds in Dukes County . 323, 337, 

355 

Grist-Mill Pond, Wareham, trout . 310 

Groton, Massapaug Ponds . . 120 

Gulf Stream, between Scituate and 

Cohasset, alewives . . . 82, 88 



H. 

Half-way Pond and Agawam Rivers, 
Plymouth, alewives . . . 230 

Half-way Pond and Agawam Rivers, 
Plytnouth and Wareham, alewives 
and shad . . 214, 258, 286, 291, 342 

Halifax, alewives .... 163 

Halifax, Monponset River, shad, 
herring and alewives ; fishways, 326, 347 

Hamilton, alewives and shad . 127, 130 

Hamilton, Ipswich River, alewives 
and other fish 129 

Hamilton, Ipswich River, seining 
prohibited 273 

Hamilton, Miles River, alewives and 
shad Ill 

Hanover, Indian Head Pond, alewives, 48, 

283 

Hanson, Indian Head River, alewives, 358 

Harwich, alewives 19, 137, 138, 187, 267 

Harwich, eels, and oysters and other 
shell-fish 184 

Harwich, Andrews Fishing Company 
incorporated .... 207, 221 

Harwich, Coy's Brook Fishing Com- 
pany, incorporated .... 223 

Harwich, Coy's Brook, obstructions 
to be removed 267 

Harwich, Herring River, alewives . 230, 

232, 247 

Harwich, fish-weir, William W. El- 
dridge and others .... 264 



Page 
Harwich, fish-weir, Jesse Tuttle and 

others 263 

Harwich, Vineyard Sound, bluefish, 386 
Harwich and Chatham, Skinnaquits 
Fishing Company, incorporated, 198, 209, 

221 
Harwich, White Pond Fishing Com- 
pany, incorporated .... 232 
Haverhill, streams into Merrimack 

River, alewives .... 98 
Haverhill, ponds in . . . .238 
Haverhill, pickerel and perch . . 167 
Heath and Charlemont, Avery 

Brook, trout 314 

Herring fisheries, may be established 

by cities and towns . . . 302 

Herring fisheries, Plymouth . . 295 
Herring Pond and Monument River, 

herring 321 

Herring River, Barnstable, alewives, 223, 

247 
Herring River, Harwich, alewives . 187, 

230, 232 
Herring River, Sandwich, alewives, 2(i3, 

256, 259 
Herring River, Wellfleet, eels . . 344 
Herring River Company, incorpo- 
rated 233 

Hester's Pond to Pleasant Bay, 

Orleans, alewives .... 208 
Hinghain, Ware River to Accord 

Pond, alewives and shad . . 118 
Holyoke, Connecticut River, height 

of dam 30O 

Holyoke, Connecticut River, fishway 

over dam 312 

Hoosick River, Williamstown and 
Adams, seines or nets not to be 

used 179 

Housatonic River, size of mesh pre- 
scribed .... 318, 348, 367 
Hummock Pond, Nantucket, seining 

regulated 339 

Humphrey's Pond to Ipswich River, 
Danvers, alewives and other fish . 134, 

180 

I. 

Indian berry or other poisonous 
article not to be used for destruc- 
tion of fish . . . . 197, 368 

Indian Head River, Hanson, ale- 
wives ...... 353 

Indian Head River and Pond, Pem- 
broke and Hanover, alewives, 48, 283 

Indian Ponds, Pembroke, alewives . 35, 
256, 274, 297, 357 

Indian Ponds, to North River, . . 256 

Inland fisheries, commissioners on, 
general powers and duties, . 312,315, 
320, 362 

Inland fisheries, laws relating to cul- 
ture, capture, etc., of fish . . 362 

Inspection and packing of fish, . . 353 

Ipswich, Ipswich River, alewives and 
other fish, 58,66, 129, 186, 189, 195.21.S. 
231,263, 27» 

Ipswich, Miles River, alewives and 
shad Ill 

Ipswich, Chebacco Pond, alewives 
and shad, 127, 130 

Ipswich, Ipswich River and tributa- 
ries, eels 349 



398 



INDEX. 



Page 
Ipswich River, alewives and other 
fish, 24, 58, 66, 114, 115, 129, 134, 184, 
189, 218, 231, 263, 272, 277 
Ipswich River, alewives and shad, 140,186 
Ipswicii River, Danvers, . . 129, 177 
Ipswich River to Humphrey's Pond, 

Danvers, alewives . . . 134, 180 
Ipswich River to Prichard's Pond, 

Topsfield, alewives . . . .96 
Ipswicli River, Hamilton, Wenham, 
Topstield, Boxford and Middleton, 
seining prohibited .... 273 
Ipswich River, Middleton, alewives 

and shad . . .58, 66, 95, 129, 177 
Ipswich River, Reading, . 66, 129, 177 
Ipswich River and tributaries, ale- 
wives and shad not to be taken for 

three years 311 

Island Creek Brook, Duxbury, ale- 
wives 80 

Island River, Maiden, smelts . . 128 



Jarvis, Timothy, and Augustus Paine, 

fish-weir in Brewster . . . 260 
Jehu's Pond, Mashpee, eels . . 336 
Jot>'s Neck Pond and Great Pond, 
Edgartown, channel through South 
Beach to the sea . . 359, 379, 383 
Jones' Mill Creek, Barnstable, trout. 312 
Jones River and Stony Brook, Kings- 
ton, alewives .... 168, 327 
Jones River, Kingston, eels . . 339 
Johnson's Pond, Boxford, alewives . 106 
Johnston's Brook, Bradford, ale- 
wives, salmon and shad . . 96, 101 



K. 

Katama Bay, Edgartown, seining 

regulated 329 

Kingston, alewives .... 90 
Kingston, deposit of waste dressing 

of menhaden in waters of . . 279 
Kingston, Jones River, eels » . . 339 
Kingston, Jones River and Stonv 
Brook, alewives . . . 168, 327 



L. 



Lagoon Pond in Dukes County, sein- 
ing regulated .... 197, 291 

Lagoon Pond Company in Dukes 
County, herring and perch . 280, 388 

Lake Cochituate, black bass . . 324 

Lake trout, fishery regulated, 319, 335, 369, 

383 

Lakeville, Newmasket River, ale- 
wives and shad . . . 270, 292 

Lakeville and Rochester, Little Quit- 
ticus Pond, fishing prohibited for 
six years 292 

Land-locked salmon, fishing regu- 
lated. . . . 319,335,369,383 

Lawrence, flshway to be maintained 
bv the Essex Company . . 278, 300 

L-asinir of great ponds, 316, 323, 330, 
332, 363 ^repealed . . . 386,391 

Leasing of great ponds in Dukes 
County .... 323, 337, 355 



Page 

Lee's River, Swansea and Somerset, 
seining regulated .... 314 

Lincoln, restrictions upon fishing in 
ponds 183 

Little Quitticus Pond, Lakeville and 
Rochester, fishing prohibited for 
six years 292 

Little Sipwissett Cranberry and Fish- 
ing Company, Falmouth, incorpo- 
rated 290 

Little Pond, Boxford, alewives . . 106 

Little Pond, Falmouth, selectmen 
may permit seines to be used . 266 

Little Long Pond, Rochester, ale- 
wives 103 

Little River, West Cambridge and 
Somerville .... 228,232 

Lobsters, fishery regulated 373, 378, 389 

Lobsters, Provincetown . . . 374 

Lobsters, bluefish, tautog, bass and 
scuppaug, Buzzard's Bay, Sand- 
wich and Wareham, . . 275, 375 

Lobsters or fish, traps, ti-awls and 
seines, not to be molested . . 377 

Lobsters, tautog, bass and other fish, 
Fairhaven, New Bedford, Dart- 
mouth and Westport . . 178, 374 

Lobsters, tautog, bass and other fish, 
Edgartown, Chilmark and Tisbury, 186 

Lobsters, tautog, bass and other fish, 
Falmouth 188 

Lobsters, Granite or Goose Cove 
Pond, Gloucester . . . .379 

Long Pond, Nantucket, seining pro- 
hibited 219 

Long Pond and Maddecket Ditch 
and harbor, Nantucket . . . 221 

Long Pond to Swan Pond, Yarmouth, 
alewives 222 

Long Pond Fishing Company in Yar- 
mouth, incorporated . . 222, 3-58 

Lord's Day, taking fish punishable 
by fine 300 

Lowell, Merrimack River, fishway at 
dam 300 

Lynn, alewives . ... 92, 110 

Lynn, Saugus River, alewives and 
shad 181,240,249 

Lynnfield, alewives . . .92, 110 

Lynnfield, Saugus River, alewives 
and shad 181 

M. 

Mackerel, fishing regulated . . 4-7 
Maddecket Ditch and Harbor, Nan- 
tucket 221 

Magonsett Fishing Company, Fal- 
mouth, incorporated . . . 255 
Maiden, alewives and shad . 147, 194 
Maiden, Island River, smelts . . 128 
Maiden, Mystic River, alewives and 

shad .... 60, 84, 110 

Maple Spring Pond, Wareham, trout, 291 
Marion, seining regulated in harbor, 296 
Marion, fisheries regulated . 354, 373 
Marshficid, South River, alewives 

and shad 162 

Marshfield, North River to Indian 

Ponds, alewives . . . 257, 357 
Mashpee [Marshpee] , oflice of com- 
missioner abolished . . . 256 
Mashpee, pickerel and perch . . 282 



INDEX. 



399 



Mashpee, seining bluefish prohibited, 390 

Masbpee, Jehu's Pond, eels . . 336 

Mashpee, Mashpee River, trout, 241, 284 

Mashpee, Quashnet River, trout . 295 

Mashpee, Wakepee Pond, alewives,88, 105 

Mashpee and Barnstable, seining 
regulated .... 276, 385, 390 

Mashpee and Barnstable, shell-fish 
and eels 377, 384 

Masbpee and Barnstable, shell-fish- 
eries regulated . . . 276, 384 

Mashpee and Barnstable, Poppones- 
sett Harbor, seining prohibited . 218 

Mashpee and Barnstable, Poppones- 
sett Bay and Osterville Harbor, 
seining prohibited . . . 249, 385 

Massapaug Ponds, Dunstable, Groton 
and Tyngsborough, fisheries . . 120 

Massapog Pond, alewives and other 
fish 66 

Mattakeeset Herring Fishery, Great 
Pond, Edgartown .... 247 

Mattapoisett, fisheries regulated, 354, 373 

Mattapoisett, seining regulated in 
harbor 296 

Mattapoisett, Barlow's Pond, ale- 
wives and herring .... 298 

Mattapoisett River, Rochester, ale- 
wives . 21, 32, 44, 103, 129, 141, 159 

Mattapoisett River, Rocliester, shad, 196 

Mattapoisett River and Barlow's 
Pond, Mattapoisett, eels . . 344 

Mayhew, Abnerand George, fish-weir 
in Chi 1 mark 265 

Medford, Mystic River, alewives and 
shad, 29, 60, 104, 136, 173, 207, 308, 351 

Medford, Mystic River, fish not to be 
taken within filty rods of a fish- 
way 300 

Medford, Middlesex Canal, alewives, 
salmon and shad .... 167 

Menhaden, seining regulated in riv- 
ers 281 

Menhaden, deposit of waste dressing 
in waters of Duxbury, Plymouth 
and Kingston 279 

Mendaden, Buzzard's Bay and Vine- 
yard Sound 299 

Menhaden and other sea-fish, Merri- 
mack River 164 

Merrill Pond, Wendell, trout . . 312 

Merrimack River, alewives, salmon 
and shad, 38, 60, 113, 119, 123, 127, 130, 
132, 164, 165, 171, 201, 203, 236, 309, 332, 
367, 369 

Merrimack River, menhaden and 
other sea-fish 164 

Merrimack River, salmon ... 62 

Merrimack River, " shiners " for bait, 381 

Merrimack River, smelts and pick- 
erel 328 

Merrimack River, sturgeon . . 379 

Merrimack River, fish not to be taken 
within four hundred yards of a fish- 
way 360, 367 

Merrimack River, use of nets regu- 
lated 367, 379 

Merrimack River, size of mesh pre- 
scribed . . . 318, 348, 367, 385 

Merrimack River, permits for taking 
fish 382 

Merrimack River, commissioners to 
be appointed ; fishways . 303, 320, 340 



Page 

Merrimack River, fishways and 
dams to be examined by commis- 
sioners 363 

Merrimack River and tributaries, 
fishing regulated . . . 360, 367 

Merrimack River, Andover, ale- 
wives . . 16, 51, 58, 69, 132, 180 

Merrimack River, Andover, ale- 
wives, salmon and shad, 68, 69, 132, 180 

Merrimack River, Boxford, alewives, 106 

Merrimack River, Bradford, ale- 
wives, salmon and shad . . 96, 101 

Merrimack River, Haverhill, ale- 
wives 98 

Merrimack River, Lawrence, fishway 
to be maintained by the Essex 
Company 278 

Merrimack River, dams at Lawrence 
and Lowell 300 

Merry's Pond, Rochester, alewives, 123 

Methuen, Peter's Pond, alewives . 203 

Middleborough, inhabitants may 
establish price of fish ... 70 

Middleborough, alewives, 89, 94, 124, 153, 

213 

Middleborough, Newmasket River, 
alewives and shad .... 270 

Middleborough, Newmasket River, 202,292 

Middleborough, Taunton Great 
River 196, 227 

Middleborough, Titicut River, ale- 
wives and shad .... 184 

Middleborough, Titicut River, Old 
Stone Weir and Assawomsett 
Brook, alewives, 45, 153, 171, 184, 189 

Middlesex Canal, Medford to Merri- 
mack River, alewives, salmon and 
shad 167, 175 

Middlesex Canal, Billerica . . 175 

Middleton, Ipswich River, seining 
prohibited 273 

Middleton, Ipswich River, alewives 
and other fish . 58, 66, 95, 129, 177 

Middleton, Great Pond to Ipswich 
River, alewives and shad . . 95 

Miles River, Wenham, Hamilton and 
Ipswich, alewives and shad . . Ill 

Mil ford Pond, Swanzey, herring and 
shad 380 

Mill Riv.er, Essex, alewives and 
shad ; fishways .... 352 

Mill River, Sandwich, alewives . 324 

Mill River, Taunton, alewives . . 73 

Miller's River, size of mesh pre- 
scribed .... 318, 348, 367 

Milton, Neponset River, alewives 
and other fish 67 

Milton, Neponset River, smelts and 
eels 181 

Monatiquot River, Braintree, ale- 
wives 79 

Monatiquot River, Braintree, smelts, 159 

Monatiquot River, Braintree, ale- 
wives and other fish . . . 137 

Monatiquot River, Braintree, ale- 
wives and shad .... 345 

Monatiquot River, Braintree, ale- 
wives, shad and smelts . . 159, 200 

Monatiquot River, Braintree, her- 
ring and other fish .... 212 

Monatiquot River, Braintree and 
Weymouth, seining regulated . 219 

Monomoy Bay, shad .... 221 



400 



INDEX. 



Page 

Monp'^nf5et River, Halifax, shad, 
herring and alewives; fishways, 326,347 

Monument River and Herring Pond, 
herring 321 

Mount Hope Baj% Fall River, Som- 
erset and Swansea, shell-fisheries, 334 

Mushquashuit Creek, Scituate and 
Cohasset, eels ..... 343 

Miiskeeket Island, eels ." . . 202 

Muskeeket Island, seining regulated, 245, 
263, 283, 322 

Mystic Pond, alewives ... 30 

Mystic Pond, Woburn, alewives and 
shad 148 

Mystic Pond and River, Winchester, 
alewives and shad . . 290, 296, 308 

Mystic River, to be restocked with 
lish 308, 310 

Mystic River, Cambridge, Charles- 
town and Medford, alewives and 
shad . 29, 60, 104, 136, 147, 173 

Mystic River, Ell Pond, Maiden, 
alewives and shad . . .84, 110 

Mystic River, Medford, alewives and 
shad . . . 104, 207, 308, 351 

Mystic River, Medford, West Cam- 
bridge and Winchester, fish not to 
be taken withm fifty rods of a fish- 
way 300 

Mystic River, Somerville, alewives 
and shad 308 

Mystic River, West Cambridge, ale- 
wives and shad . . 135, 180, 308 

Mystic River, Woburn, alewives and 
shad 147 



Nantucket, great ponds, seining pro- 
hibited 338 

Nantucket, ponds, creeks and har- 
bors, town may regulate fisheries, 268 

Nantuiket, Hummock Pond, seining 
regulated 339 

Nantucket, Long Pond, seinmg pro- 
hibited 219 

Nantucket, Lond Pond and Mad- 

decKet ditch and harbor . . 221 - 

Nantucket, Muskeeket Island, eels, 202 

Nantucket, Tuckernuck, Smith's, 
Muskeeket and Gravel Islands, 
seining regulated, . 245, 263, 283, 322 

Naiuucket, shell-fish for bait . . 377 

Nantucket Fishing Company, incor- 
poruicd 302 

NanvMcoit Point, Orleans, fish- weir . 210 

Nashua River, fisheries regulated . 367 

Nashua River, size of mesh pre- 
scribed .... 318,348,367 

Natick, alewives and shad . . 62 

Neponset River, Stoughton and Can- 
ton, alewives, shad and other fish, 66, 78 

Neponset River, Dorchester and Mil- 
ton, smelts and eels . . . 181 

New Bedford, Acquesnet River, ale- 
wives 43 

New Bedford, seining regulated in 
harbor 244, 259 

New Bedford, lobsters, tautog, bass 
and other fish . . . . 178, 374 

Newbury, Parker River, alewives, 
bass and sbad . 55, 125, 213, 283 

Newbury, Parker River, bass . . 65 



Paifc 

Newmasket River, alewives and >liad, 189, 
201, 269, 301, 325, 337, 342, 369 

Newmasket, Middleborough aud 
Lakeville, alewives and shad . 292 

Newton, alewives and shad . .114 

Newton, Charles River, alewives and 
other fish 130 

Nine Mile Pond Fishing Company, 
Barnstable, incorporated, 289, 352, 357 

North Falmouth Fishing Company, 
incorporated, Nye's Pond lo Cau- 
tomot Harbor 210 

North River, Pembroke, alewives, 37, 132, 
141, 219, 239,357 

North River, Pembroke, Scituate, 
South Scituate and Marshfield . 256 

North River, inesh-nets . . . 250 

North River, in the county of Ply- 
mouth, 132, 141, 219, 239, 328,339,341, 
344, 357, 381, 383, 389 

Notth River, in the county of Ply- 
mouth, eels 350 

Nye's Pond, Sandwich, trout . . 2d2 

Nye's Pond to Cautomot Harbor, 
Falmouth, alewives . . . 210 



O. 

Old Stone Weir and Assawampset 
Brook, Middleborough, alewives, 45, 153, 
171,201 

Orleans, may regulate fishery in 
Pleasant bay 277 

Orleans, eel fishery .... 69 

Orleans, fish-weir by Thomas El- 
dridge and others .... 261 

Orleans, fish-weir by Eleazer Rogers, 
Jr., and others .... 262 

Orleans Fish-wear Company, incor- 
porated 210 

Orleans Fishing Company, Hester's 
Pond to Pleasant Bay in Orleans, 
alewives 208 

Orleans, Rock Harbor Fishing Com- 
pany, incorporated . . . .211 

Osterville Haibor, Barnstable, sein- 
ing prohibited .... 249, 385 

Oyster Island Harbor, Barnstable, 
seining prohibited .... 218 

Oyster Pond, Edgartown, seining 
regulated 277 

Oyster Pond River Company, Fal- 
mouth, alewives .... 267 

Oysters, fishery regulated, 348, 375, 376, 

3»b, 391 

Oysters and other shell-fish, Harwich i84 

Oysters, scallops aud other ^5hell-tish, 
taking regulated .... 387 

Oysters, Barlow River, Sandwich . 329 

P. 

Paine, Augustus, and Timothy Jar- 
vis, may construct fish-weirs in 
Brewster 260 

Palmer's River, Rehoboth, alewives 
and shad .... 229, 252, 338 

Paliuer's River, Rehoboth, wtirs pro- 
hibited 212 

Palmer's River, Rehoboth and Swan- 
zey, alewives and shad . 108, 104, 172 

Palmer's River, Swanzey, alewives 
and shad 206, 338 



INDEX, 



401 



I'age 
Parker River, alewives, shad and 

other fish 116, 133 

Parker River, Newburv, alewives, 

bass and shad . . ' 55, 125, 213, 283 
Parker River, Newbury, bass . . 65 
Parker River, Newbnr.y, Rowle}' and 
Boxford, alewives, shad, bass and 

other fish 125 

Parker's River, Yarmouth, alewives, 222 
Pasequamanset River, Dartmouth, 

alewives 53 

Pasque Island Corporation, Gosnold, 

incorporated 308 

Pembroke, North River, alewives, 37, 132, 

141, 219, 239, 357 

Pembroke, Indian Ponds, alewives . 35, 

256, 274, 297, 357 

Pembroke and Hanover, Indian Head 

Pond, alewives ... 48, 283 
Perch, Plymouth .... 351 
Perch, white, fishery regulated . . 319 
Perch and pickerel. Marshpee . . 282 
Perch Pond, Falmouth, selectmen 

may permit seines to be used . 266 
Permits for taking fish in Merrimack 

River 382 

Peter's Pond, Dracut and Methuen, 

to Merrimack River, alewives . 203 
Pickerel, fisheries regulated . . 190 
Pickerel, Clapp's Pond, Province- 
town 294 

Pickerel, Great Barrington . . 159 
Pickerel, Great Pond, Braintree and 

Randolph 179 

Pickerel, Little Pond, Braintree . 179 
Pickerel, Ponkapoag Pond, Canton 

and Randolph 179 

Pickerel, Winchel'sPond, Egreniont, 159 
Pickerel and perch, Marshpee . . 282 
Pickerel and smelts, Merrimack 

River 328 

Pickerel and trout, to be taken only 

with hook and line . . . 279, 284 
Pleasant Bay, fisheiy may be regu- 
lated by the town of Orleans . . 27/ 
Plymouth Colony, laws regulating 

fisheries 3-12 

Plymouth, perch .... 351 
Plymouth, deposit of waste dressing 

of menhaden in waters of . . 279 
Plymouth, Eel River, eels . . Si9 

Plymouth, Eel River and Town 

Brook, herring . . . .298 
Plymouth, Fresh Pond Brook, ale- 
wives 78 

Plymouth, Town Brook, alewives, 34, 190 
Plymouth, Agawam and Half-way 

Pond Rivers, alewives . . . 230 
Plymouth and Carver, East Head, 

trout 307 

Plymouth and Wareham, Agawam 
and Half-way Pond Rivers, ale- 
wives and shad, 214, 258, 286, 294, 342 
Pocha Pond Meadow and Fistiing 
Company in Edgartown, incorpo- 
rated .... 239,248,272 
Ponds, to be restocked with black 

bass and other fish .... 310 

Ponds, rights of owners protected . 331 

Ponds, seines and nets prohibited . 385 

Ponds of more than twenty acres, 

fishing to be public . . . 363 



Ponds, great, fish culture by commis- 
sioners 340, 364 

Ponds, great, may be leased by com- 
missioners, 316, 323, 330, 332, 363; 
repealed 386, 391 

Ponds, great, limits may be fixed . 364 

Ponkapoag Pond, alewives and other 
fish 66 

Ponkapoag Pond, Canton and Ran- 
dolph, pickerel or pike . . . 179 

Popponessett Bay, Barnstal^le and 
Marshpee, seining prohibited 249, 385 

Popponessett Harbor, Barnstable and 
Marshpee, seining prohibited, . 218 

Porter's, Crane and Waters Rivers, in 
Danvers and Beverly . . . 264 

Prichard's Pond to Ipswich River, 
Topsfield, alewives ... 96 

Propagation of fish, 279, 309, 315, 321. 323, 
324, 325, 329, 330, 332, 340, 347, 379 

Provincetowh, lobsters . . . 374 

Provincetown, Clapp's Pond, pick- 
erel, 294 

Provincetown Harbor, Long Point, 
fish-wear 253 

Q. 

Quahaugs, taking may be regulated 
by city and town authorities . 356, 371 

Quannapowett, Lake, and Saugus 
River, Wakefield and Saugus, sal- 
mon, shad and alewives . . . 343 

Quashnet River, Marshpee, trout . 295 

Quintal of fish, one hundred pounds 
avoirdupois 212 



K. 

Randolph, Punkapoag and Great 
Ponds, pickerel or pike . . . 179 

Raynham, Taunton Great River, afe- 
wives and shad . . 168, 225, 268 

Raynham, Titicut River, alewives . 153 

Reading, alewives . . . 92, 110 

Reading, Ipswich River, alewives and 
other fish . . . . 66, 129, 177 

Red River, in Harwich and Chatham, 198 

Rehoboth, Palmer River, weirs pro- 
hibited 212 

Rehoboth, Palmer's River, alewives 
and shad, 108, 164, 172, 229, 252, 338 

Rehoboth, Runins' River, alewives 
and shad 109 

Resolution, passage of shad in Con- 
necticut River 392 

Resolves, fishery clauses of the treaty 
of Washington . . . .353 

Restocking the rivers and ponds . 310 

Restocking Ipswich River and tribu- 
taries 311 

Restocking Mystic River and tribu- 
taries 308, 310 

Returns of fish taken in weirs and 
pounds to be made to the commis- 
sioners 341, 356 

River Meadow Brook, Chelmsford, 
passage of fish .... 59 

Rivers to be restocked with alewives, 
salmon and shad .... 310 

Rochester, East and West Quittacus 
Ponds, alewives . . . 94, 124 



402 



INDEX. 



Page 

Rochester, Mattapoisett River, ale- 
wives . 21, 32, 44, 103, 129, 141, 159 

Rochester, Mattapoisett River, shad, 196 

Rochester, Merry's Pond, Sippicaii 
River, alewives .... 123 

Rochester, Weweantit River, shad 
and alewives . . 71, 168, 209, 346 

Rochester and Lakeville, Little Qnit- 
ticns Pond, fishing prohibited for 
six years 292 

Rock Harbor Fishing Company, 
Orleans, incorporated 

Rogers, Eleazer, Jr., and others, fish- 
weir in Orleans .... 

Rowley River, alewives, bass, shad 
and other fish 

Rowley River, bass .... 

Runins' River, Rehoboth, alewives 
and shad 

Rush Pond, Boxford, alewives. 

Russell Pond, trout fishing pro- 
hibited 



211 
262 



125 
65 



109 
106 



197 



S. 

Salem, alewives, . . 14, 120, 142 

Salmon fishing, regulated . 319, 354, 368 
Salmon trout, fishing regulated . 355 
Salmon, land-locked, fishing I'egu- 

lated . . . 319, 335, 369, 383 
Sanchachantacket Fishing Company, 

in Edgartown, incorporated . . 220 
Sandwich, fisheries regulated . 354, 373 
Sandwich, Barlow River, oysters . 329 
Sandwich, Herring River, alewives, 203, 

256, 259 
Sandwich, Mill River, alewives . 324 
Sandwich, Nye's Pond, Sandwich . 292 
Sandwich and Wareham, Buzzard's 
Bay, lobsters, bluefish, tautog, 
bass and scuppaug . . . 275, 375 
Sandwich, Buzzard's Bay Fishing 

Company, incorporated . . . 216 
Satucket River, East Bridgewater, 
shad, herring and alewives; fish- 
ways 326, 347 

Saugus, Saugus River, alewives . 240 
Saugus, Saugus River, alewives and 

shad 181 

Saugus River, seining prohibited . 343 
Saugus River, Lynn, Saugus and 

South Reading, alewives . . 240 
Saugus River, Lynn, alewives and 

shad 249 

Saugus River, Saugus, South Read- 
ing and Lynnfield, alewives and 

shad 181 

Scallops, taking may be regulated by 

city and town authorities, 356, 371, 387 
Scituate, First Herring Brook, ale- 
wives 163 

Scituate, Gulf Stream, alewives 82, 88 
Scituate, North River to Indian Ponds, 257, 

357 
Scituate and Cohasset, alewives . 254 
Scituate and Cohasset, Mushquashuit 

Creek, eels 343 

Scuppaug, tautog, bluefish, bass and 
lobsters, Buzzard's Bay, Wareham 
and Sandwich .... 275, 375 
Scusset River, West Sandwich, ale- 
wives 259 



Page 

329 
,360 
.319 

67 

180 
371, 
387 

371, 

,387 

276, 

384 

335 

334 

337 

347 

384 
381 
123 



Sengekontacket Pond, Edgartown, 
seining regulated .... 
Sesuit Creek, Dennis, alewives . 251 
Shad fisheries, regulated . . 196 
Sharon, Neponset River, alewives 

and other fish 

Shawshine [Shawsheen] River, ale- 
wives ... 58, 78, 132, 
Shell fisheries, regulated, 307, 326, 351, 

Shell-fish, taking may be regulated 
by city and town authorities, 356, 
375, 376, 
Shell-fish, Barnstable and Marshpee, 

Shell-fish, Brewster .... 

Shell-fish, Mount Hope Bay, Fall 
River, Somerset and Swansea 

Shell-fish in Somerset and Swansea . 

Shell-fish, Thompson's Island, Bos- 
ton Harbor ..... 

Shell-fish and eels, Marshpee and 
Barnstable 

Shiners for bait, Merrimack River . 

Sippican River, Rochester, alewives . 

Skinnaquits Fishing Company, in 
Harwich and Chatham, incorpo- 
nated . . . .198, 209, 221 

Skinnaquits Stream, Harwich and 
Chatham, alewives . . . 198 

Smelt Brook, Kingston, alewives . 327 

Smelt Brook, Pembroke, alewives . 132 

Smelts in Dukes County . . . 313 

Smelts, fishery regulated, 311, 313, 318, 
319, 330, 331, 333, 370 

Smelts, Bass River . . . .313 

Smelts, Island River, Maiden . . 128 

Smelts, Monatiquot River, Braintree 160 

Smelts and eels, Neponset River, 
Dorchester and jNlilton, . . . 181 

Smelts and pickerel, Merrimack 
River 328 

Smelts and tomcod, Charles River . 163 

Smith's Island, seining regulated, 245, 263, 

283, 322 

Snipticit Pond, Rochester, alewives . 103 

Somerset, Taunton Great River, ale- 
wives and shad . 168, 225, 229, 268 

Somerset, Newmasket River, ale- 
w'ives and shad .... 270 

Somerset and Swansea, Lee's River, 
seining regulated .... 314 

Somerset and Swansea, Mount Hope 
Bay, shell-fisheries . . . 334, 337 

Somerville, Mystic River to Mystic 
Pond, alewives and shad . . 308 

Somerville, Little River . . 228, 232 

Southwick, Congamon Ponds, fish 
not to be taken with seines or nets, 193 

South Hadley Falls, Connecticut 
River, salmon and shad . . 61, 161 

South Reading, Saugus River, ale- 
wives 240 

South Reading, Saugus River, ale- 
wives and shad .... 181 

South River, Marshfield, alewives 
and shad 162 

South Scituate, North River to 
Indian Ponds, alewives . . 257, 357 

Sparrow, Thomas, and others, fish- 
weir in Chatham .... 261 

Spy Pond, alewives .... 30 



INDEX. 



403 



Page 

Spy Pond, Wobiirn. alewives and 
shad . . . . . .148 

Stoney Brook, Chelmsford, alewives, 
salmon and shad . . . 113, 123 

Stony Brook and Smelt Brook, 
Kingston, alewives ; fishways . 327 

Stou^hton, Neponset River, ale- 
wives, shad and other fish . 67, 78 

Striped bass and bluetish, Edgartown, 378, 

389 

Sturgeon, Merrimack River . . 379 

Swan Pond to Long Pond, alewives, 222 

Swanzev, [Swansea,] Mount Hope 
Bay, shell-fisheries . . 334, 337 

Swanzev, Palmer's River, alewives 
and shad . . 108, 164, 172, 206, 338 

Svvanzey, Cole's River, seining regu- 
lated 314 

Swanzey, Cole's River and Milford 
Pond, herring and shad . . . 380 

T. 

Tan Pond, Orleans, alewives . . 211 
Taunton, price of alewives regulated, 65 
Taunton, Mill River, alewives . . 73 
Taunton Great River, alewives, 51, 55, 83 
Taunton Great River, alewives, shad 
and other fish, 154, 168, 178, 200, 201, 
225, 268, 292, 325, 337, 342, 351, 369 
Taunton Great River, commissioners 

to be appointed .... 272 
Taunton Great River, Bridgewater . 196 
Taunton Great River, Middleborough, 196 
Taunton Great River and Newmasket 

River, Taunton, alewives and shad, 301 
Taunton Great River, Somerset . 229 
Tautog, bluefish, bass, scuppaug and 
lobsters. Buzzard's Bay, Wareham 
and Sandwich .... 275, 375 
Tautog, bass and lobsters, Edgar- 
town, Chilmark and Tisbury . 186 
Tautog, bass and lobsters, Fairhaven, 
New Bedford, Dartmouth and 

Westport 178, 374 

Tautog, bass and lobsters, Falmouth, 188 
Ten-Mile and Three-Mile Rivers, shad 

and alewives . . . . 22, 44 
Tewksbury, Concord River, alewives, 

salmon and shad .... 172 
Third Herring Brook, Pembroke, ale- 
wives 132 

Thompson's Island, Boston Harbor, 

shell-fish 347 

Tisbury, lobsters, tautog, bass and 

other fish 186 

Tisbury. seining prohibited in waters 

of 197 

Tisbury, Chappaquonsett Pond and 

Creek, herring and alewives . . 236 

Titicut River, "Middleborough and 

Bridgewater, alewives and shad, 153, 

184, 189 

Tomcod and smelts, Charles River . 163 

Topsfield, Ipswich River, alewives 

and other fish . . . 58, 66, 129 
Topsfield, Ipswich River, seining pro- 
hibited 273 

Topsfield, Ipswich River to Prich- 

ard's Pond, alewives ... 96 
Town and city authorities may regu- 
late the taking of eels and certain 
shell-fish 356 



Page 
Town Brook, Plymouth, alewives, 34, 190 
Town River, Bridgewater, West 
Bridgewater, shad, herring and ale- 
wives ; fishways . . . 326, 347 
Traps, trawls and seines, for catching 

fish and lobsters .... 377 
Trap's Creek Fishing Company, in 

Edgartown, incorporated, 217, 239, 266 
Treaty of Washington, fishery clauses, 353 
Trour, fishing regulated, 319, 335, 369, 383 
Trout, lake, fishing regulated, 319, 335, 369, 

383 
Trout, East Head, Carver and Ply- 
mouth 307 

Trout, Grist-Mill Pond, Wareham . 310 
Trout, Jones' Mill Creek, Barnstable, 312 
Trout, Maple Spring Pond, Ware- 
ham 291 

Trout, Marshpee, Marshpee River, 241,284 
Trout, Marslipee, Quashnet River . 295 
Trout, Merrill Pond, Wendell . . 312 
Trout, Nye's Pond, Sandwich . . 292 
Trout, not to be taken from Russell 

Pond in Russell . . . .197 
Trout and black bass, fisheries regu- 
lated 306 

Trout and pickerel, to be taken onl)' 

with hook and line . . . 279, 284 
Troy, [Fall River,] Taunton Great 

River, alewives and shad . . 168 
Tuckernuck Island, seining regu- 
lated . . . 245, 263, 283, 322 
Tuttle, Jesse, fish-weir in Harwich . 263 
Tyngsborough, Massapaug Ponds . 120 

V. 

Vineyard Sound, Barnstable and 
Mashpee, bluefish, seining prohib- 
ited 390 

Vineyard Sound, Yarmouth, Dennis 
and Harwich, bluefish, seining pro- 
hiljited ..... 386 

Vineyard Sound and Buzzard's Bay, 
menhaden 299 



W. 

Wakefield and Saugus, Lake Quan- 

napowitt, seining prohibited . 
Wakepee Pond, Marshpee, alewives, 

Waltham, alewives and shad . 76, 
Waquoit I3ay, Falmouth, seining pro- 
hibited 

Ware River, Hingham, alewives and 

shad 

Wareham, fisheries regulated . 354, 
Wareham, Grist Mill Pond, trout 
Wareham, Maple Spring Pond, trout, 
Wareham, Wareham River, alewives, 
Wareham, Weweantit River, shad 

and alewives . . . 71, 168, 
Wareham and Plymouth, Agawam 
and Half-waj' Pond Rivers, ale- 
wives and shad, 214, 258, 236, 294, 
Wareham and Sandwich, Buzzard's 
Bay, lobsters, bluefish, tautog, bass 
and scuppaug .... 275, 
Washington, treaty of, fishery clauses. 
Waters, Crane and Porter's Rivers, 

Dauvcrs and Beverly 
Watertown, alewives and shad . 76, 



343 
88, 
105 
150 

247 

118 
373 
310 
291 
57 

346 



342 



375 
353 



264 
150 



404 



INDEX. 



Page 
Watertown, Charles River, alewlves 

and shad 150, 191 

Watertown, Fresh Pond, seining pro- 
hibited 70 

Watiippa Pond, Fall River and West- 
port, seining prohibited . . . 345 
Weaver, George, fish-weir in Yar- 
mouth 265 

Weirs, regulated .... 7 

Weirs, penalty for injuring . . 372 
Weirs, pounds, etc., owners to make 
annual leturns to commissioners of 
fish taken .... 341, 356, 372 
Wellfleet, alewives . . 27, 205, 298 
Wellfleet, Herring River, eels . . 344 
Wellington, [Freetown,] Taunton 

Great River, alewives and shad, 155, 168 
Wendell, Merrill Pond, trout . . 312 
Wenham, alewives and shad . 127, 130 
Wenham, Ipswich River, seining 

prohibited ..... 273 
Wenham, Miles River, alewives and 

shad Ill 

Wenham Pond, alewives and shad 

not to be taken for three years . 311 
West Bridgewater, Town River, ale- 
wives and other tish . . 326, 347 
West Cambridge, Little River . 228, 232 
West Cambridge, Mystic River, ale- 
wives and shad . 135, 173, 180, 308 
West Cambridge, Mystic River, fish 
not to be taken within fifty rods of 

a flshway 300 

West Quittacus Pond, alewives, 94, 124, 154 
West Sandwich, Scusset River, ale- 
wives 259 

West Springfield, Agawam or West- 
field River, alewives, shad and 

other fish 138, 193 

Westfield Rivei", size of mesh pre- 
scribed .... 318, 348, 367 
Westfield or Agawam River, ale- 
wives, salmon and shad . 18, 24, 138 
Westfield or Agawam River, West 
Springfield, alewives, shad and 
other fish .... 138, 193 

Weston, alewives and shad . 76, 150 
Westport, town of, seining regulated, 26 
Westport, lobsters, tautog, bass and 

other fish 178, 374 

Westport, Watuppa Pond, seining 

prohibited 345 

Wequabsqua Fishing Company, Chil- 
mark Pond, incorporated . . 246 



Page- 

Weweantit River, alewives, Rochester, 209 

Weweantit River, Rochester, Ware- 
ham and Carver, shad and ale- 
wives .... 71, 168, 346 

Weymouth, alewives . . 208, 23a 

Weymouth, Whitman's and Great 
Ponds, alewives . '. .86, 181 

Weymouth and Braintree, Monati- 
quot River 219 

White perch, fishery regulated . . 319' 

White Pond Fishing Company, Har- 
wich, incorporated .... 232 

Whitman's Pond, Weymouth, ale- 
wives 86, 188. 

Whittemore, Elijah, and Ira Wixon, 
fish-weir in Dennis .... 252 

Wild Harbor to Dam Pond, Fal- 
mouth, alewives .... 255- 

Williamstown, Hoosick River, seines 
or nets not to be used . . . \79 

Winchel's Pond, Egremont, pickerel, 156 

Winchester, Mystic River, alewives 
and shad .... 290, 296, 30& 

Winchester, Mystic River, fish not to 
be taken within fifty rods of a fish- 
way 300- 

Winthrop, clam fishery . . . 336 

Wixon, Ira, and Elijah Whittemore, 
fish-weir in Dennis .... 262 

Woburn, Mystic River, alewives and 
shad 60,147 

Worcester, fish not to be taken from 
reservoirs, etc. .... 331 



Yarmouth, alewives, eels, herring 
and perch 14$ 

Yarmouth, fisheries regulated . 354, 373 

Yarmouth, fish-weir by George 
Weaver and others . . . 265 

Yarmouth, Baker's Pond to Bass 
River, alewives .... 282. 

Yarmouth, Long Pond Fishing Com- 
pany, incorporated . . . 222, 358 

Yarmouth, Vineyard Sound, blue- 
fish 386 

Yarmouth and Dennis, Bass River, 
alewives, herring, salmon, trout 
and perch . . . 241,355,387 

Young, Samuel, may construct fish- 
weir in Chatham .... 261 



LIBRARY OF CONGRESS 



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